For certificates of live birth with unknown fathers, submit additional documents such as the affidavit of acknowledgment/paternity and documents showing father’s signature like SSS, GSIS Policy Contract, ITR, PhilHealth and other proof of filiation.

Note: In some cities/municipalities, the local civil registrar may require the personal appearance of the mother and father to confirm their identities.

Processing time can vary but will usually take a week. Estimated cost Php1,000.00.

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RA 9255 is a good law because it gives the right to the illegitimate child to use his father’s surname. But i believe there is a problem here, particularly on the provisions of the implementing rules drafted by the Civil Registry/NSO making the use of the father’s surname as mandatory with the use of the word “shall”. when in fact RA 9255 use the word “may” which is permissive in character. The rule changed the meaning/intent of the law. thus, leaving the mother with no choice on the matter, because once the father acknowledge the child, the lather will automatically carry his surname.

As in most things, it has its pros and cons. A bill remedying this issue has already been proposed. Let’s see what happens. Thanks for dropping a line. It’s something future mothers must be aware of. :-) If you don’t intend to have your child carry the surname of the unmarried father, better not have him acknowledge paternity, but you lose certain advantages when pursuing inheritance and support.

My fiancee is perhaps 2 weeks away from having our child. I reside near Washington DC and she is in Davao.
I would like to acknowledge paternity and allow my surname to be used as soon as possible. I realize that i can do this at the embassy here in DC, but I don’t know what instrument to use. Since the child is not yet born, the affidavit offered above does not seem to be appropriate. should I use the affidavit offered here , send to the Philippines where the rest gets filled out? Or should I write my own affidavit or letter?
Thank you so much in advance,
Mike

I want to acknowldedge the paternity of my child but it happened that tha father’s name during the birth was the name of my brother when he accompanied the mother during the birth.

What is the first step to do before I can acknowledge the paternity to use the surname? Do I need to correct the error of the father’s name first before filing the acknowledgement of the paternity to use the surname or can process both at a time?

Francis: Changing the name of the father in the child’s birth certificate may require a court process and acknowledging paternity where another father’s name appears on the certificate may not be readily received by the civil registrar.

Noreen: Legitimate children are entitled to carry the surname of their fathers. Their last names may changed by filing a petition for change of surname in court. However, the Supreme Court in a case, preferred to give the child the choice on what surname to use when the child is of age (at least 18 years old). Thus, the petition for change of surname was not granted in order to make way for a later petition, if the child so chooses.

I am in Canada ny the time my illegitimate child was born in Oct 2008. I have signed the Paternity Admission at the back of the Certificate of Live Birth sent to me by the mother. I had it authenticated at Phil Consulate in Vancouver and sent back to manila.
By the time she was to register the document they found out I missed signing ONE PAGE. all four pages are of the same document, though. It was sent back to me and signed it.
The document with proper signature was sent back to Manila but the mother of my child stayed in the province for 2 years and was unable to register it .
Dec 2010, she was back in Manila to register, but denied again bec of the 4 copies, only 2 had the stamp of the Phil Consulate. It was not for me to know what the procedure of the embassy and the subsequent registry needed. I just applied and got the document they processed.
Question is: Is the Certificate of Live Birth with the signature of the mother, and my signature at the back holds legitimate legal status even if it is not registered yet at the Civil Registry?
My concern is that the mother of my child who just got married 4 weeks ago, suddenly changed her mind and would like to use her husband’s name. I was taken aback bec i had been supporting them until now, and my sister who was to hand her some money was wondering her text and calls go unanswered.
I want to know if she can get a new Cert of Live Birth from the hospital and claim, as a mother, her right to name the child according to her decision. will her action override , disregard the original document signed by both of us?
right now, I am in panic trying to prevent them from doing that. The orig document has been sent to Manila and I asked my brother to register it as soon as possible.
thanks.

Response to Jerome who asked: “Is the Certificate of Live Birth with the signature of the mother, and my signature at the back holds legitimate legal status even if it is not registered yet at the Civil Registry?”

Answer: Acknowledging paternity or signing the Admission of paternity at the back of the birth certificate will not make your child legitimate unless both parents are married to one another at the time of birth.

On your next question : ” I want to know if she can get a new Cert of Live Birth from the hospital and claim, as a mother, her right to name the child according to her decision. will her action override , disregard the original document signed by both of us?”

Answer: Yes, it is possible. Existing laws give the mother of an illegitimate child the option to let the child use the father’s surname. The mother can still change her mind about the use of the father’s surname before the birth certificate is registered.

What will i do to change my illegitimate son’ surname? he’s using his mother last name. I haven’t sign any papers or document yet. I wasn’t able to attained my baby christening and the worst is hindi pa kami nag kitah sa personal.(phone calls lang). He will go to Nursery this coming school year..about the support.. i send sometimes..please i appreciate all your advice. Thank you so much.

Arthur: You may avail of the law allowing illegitimate children to use their father’s surname by completing an application and preparing the required documents such as the child’s birth certificate on NSO paper, a signed affidavit acknowledging paternity and an Affidavit allowing your son to use your surname. These must be submitted at the civil registrar where the child was born. And no, you don’t need a lawyer to get this done. I hope this helps.

Gud day! I will just ask if theres any problem? if the parents of an illegitimate child was not able to indicate their respective names on the affidavit found at the back of NSO birth certificate but was able to affix their signatures on the said form.The father recognizes the child.they accidentally skipped the portion where they need to sworn and indicate their names?

Liah: Ordinarily, the information appearing on the front portion of the Certificate of Live Birth is sufficient when accompanied by the signature of parents at the back portion. Try asking the hospital administrative dept. about this.

My 15 year old daughter is born out of wedlock, she’s using my surname but the father have acknowledged the birth certificate. As I understand, if the child is minor and travels outside the country with the mother, no clearance is required from the DSWD.

Now, we are applying for immigration to Australia, our agent is asking for a waiver of parental rights from the father as he have acknowledged the birth certificate. Is this right? My daughter can travel with me anywhere and yet can’t immigrate with me to Australia?

The father have agreed to sign the waiver though, I just wanna make sure that we are doing it right, else the whole exercise will be futile. After the waiver is notarized, what needs to be done?

Giel:
It is Philippine law that regulates the travel of FILIPINO minors abroad while it is Australian law that determines WHO can enter their country and how. So, for your child to be allowed to DEPART from the Philippines, the travel clearance is generally required, unless he or she is accompanied by a parent (you). To be granted the privilege of entering Australia as an immigrant, non-Australians have to comply with Australian immigration laws, which are not always consistent with Philippine laws.

Regarding what other requirements you may need for the immigrant visa, I strongly recommend asking your agent to provide you a list. From your inquiry, you are actually more fortunate than applicants in other countries, because countries such as France have stricter requirements for illegitimate children, requiring a court order in fact before granting a visa. A court order takes longer to obtain and is expensive.

Hi Ms. Florido..
I’ve recently connected with my american father two years ago. I’m 42 now. Our DNA matched. Could I use this RA9255 and would you know if it will hasten my application for us citizenship? Thanks and more power to you.

Guilbert: You may ask your American father to execute an affidavit acknowledging paternity and allowing you to use his surname under RA 9255. One of the requirements for US citizenship involves proving legal and biological relationship with the parent who is a US citizen and was one at the time of your birth. This is where you will need to show both the DNA test results and your annotated Certificate of Live Birth on NSO paper. For other requirements, please refer to the website of the US embassy in Manila.
I hope this helps.

Giel:
As previously stated, what is sufficient for Australian visa purposes is really up to the Australian embassy requirements. Anyway, it would seem that if you are able to show the notarized parental waiver, a court order may no longer be required. Don’t forget to attach a certified copy of the biological father’s passport or driver’s license. You may refer to the other requirements here.

Dear Atty,
What will i do to change my illegitimate son’ surname? he’s using his mother last name. I haven’t sign any papers or document proving my paternity to him . And since his fathers info. in his birth certificate is none, and so his baptismal certificate didn’t acknowledge me as the father of the child. So right now me and her mother are having a hard time finding ways on proving my paternity to my son. My problem is we don’t have any required documents asked from the CRO to prove my paternity. Is there any other options? I’ve also heard it’s possible to get birth certificate from NSO, then i just have to sign at the back for the paternity and that could be submitted to the CRO, is this possible? and would i be needing a lawyer for this? right now my son is 3 yrs old and we’re not yet married with the mother but we’re living together. please i appreciate all your advice. Thank you so much.

Khane: A certificate of live birth that has already been registered can only be annotated or amended following specific legal procedures. Avoid unscrupulous persons who may claim to be able to ‘fix’ your son’s papers without following legal procedures.

In your case, it seems that all that is needed is for you to execute an Affidavit acknoweldging paternity and to submit that along with other requirements at the Civil Registry where your son’s birth certificate was originally recorded. No, you won’t need a lawyer to do that. The process is fairly simple. Just go to the Civil Registrar, which is usually in the City Hall of the place where your child was born and ask for the list of requirements for RA 9255 or the AUSD.

Please bear in mind that since the acknowledgment occurred AFTER the registration of the birth certificate, the original surname (which is the mother’s last name) will still appear but there will be an annotation or side remark appearing on the face of the birth certificate to the effect that your son has been acknowledged and allowed to use your last name.
I hope this helps.

Good pm Atty..Me and the father of my son before were okay that’s why we decided to process the papers last 2001 which is Affidavit to Use the Surname of the Father,even we are not married..When i went to National Statistics Office yesterday and get a copy of his Birth Certificate it was still appeared in my last name,2 copies was given the Birth Certificate attached with a Acknowledgment Paternity.Is it the permanent last name to be used Atty?I like it very much because his father doesn’t seem to care our son anymore he is not even supporting financially, he was married by another woman last 2003. I want my last name registered to my son’s last name what will i do to make it permanent?Please advise me..Thank you so much and God Bless!

Same concern with Francisca, sadly i cannot read your reply to her but i have not yet tried to get my daughter’s birth certificate at National Statistics’ Office. Is it possible also for my daughter to carry out my surname when i get her records at NSO even if there is acknowledgement of the father? Thank you so much.

Mommylove: If the NSO birth certificate already shows the father’s surname, the only way to change her surname back to yours is through a court order (by filing a petition for change of name in court). This is why I have advised mothers of illegitimate children to think things over before letting their children use their fathers’ surname under RA 9255. While I understand how couples wish to avoid the stigma of illegitimacy that can be obvious with the use of the mother’s surname, relationships often turn sour afterwards, the fathers may turn out to be irresponsible or worse, vanish into thin air, leaving the mother without support, leading to her desire much later to have the child bear her surname instead. Once the child’s birth certificate bears the father’s surname, changing it is not as easy and is more expensive and time-consuming. You may have to let the child decide when she turns 18 years old whether to change her surname by filing a petition for change of surname. I hope this helps. I strongly encourage others in similar situations to read this reply first.

I am an avid reader of your site, it is very helpful. I thank you in advance for offering legal advice here.

I am legally married but is now 7-8 years separated from my husband. We parted ways after he has been domestically violent towards me. He now has a partner and a child.

I have been living with my partner for 5 years now and is presently pregnant. I have not filed for an annulment because of the expenses.

My question is, though I am legally married to man A, can man B give my baby his paternity acknowledgment the use of his surname upon birth? If so, do I have to use my maiden name and ‘pretend’ to be single so that this may be possible? or can I use my existing legal married name and still make it possible for my baby to use man B’s surname?

Please help me. Thank you very much.
I will subscribe to your site to watch for replies.

Markie: The child may carry the surname of Man B (the child’s biological father). There is no problem in the birth certificate because it only requires the mother’s MAIDEN NAME and the FATHER’S NAME and a statement if the parents are married. There is no entry regarding a previous marriage so the surname of the legal husband of the child’s mother will not even be mentioned at all on the certificate of live birth. I DO NOT RECOMMEND MAKING ANY FALSE STATEMENT on the birth certificate because this can lead to more complications in the future that are time consuming and expensive to fix. I hope this helps.

Jon: The child may carry the surname of Man B (the child’s biological father). There is no problem in the birth certificate because it only requires the mother’s MAIDEN NAME and the FATHER’S NAME and a statement if the parents are married. There is no entry regarding a previous marriage so the surname of the legal husband of the child’s mother will not even be mentioned at all on the certificate of live birth. I DO NOT RECOMMEND MAKING ANY FALSE STATEMENT on the birth certificate because this can lead to more complications in the future that are time consuming and expensive to fix. I hope this helps.

My illegitimate 6 years old daughter is using his father’s surname. The day I gave birth (2004), the father signed the paternity recognition (?) at the back of my daughter’s birth cert. Currently, her passport& school records are all under her father’s surname.

The father and I separated harshly, we file cases against each other in court and after 3 years we decided for settlement. Compromise agreement includes that he will not bother us ( me and my daughter forever) and vise versa. Included in the agreement is that freeing him for any obligations to my daughter, I did not ask for any support since I am really the one supporting my daughter ever since.

Can I seek for change of my daughter’s surname? Without communicating with the father? How?

Isu: You may file a petition for change of surname in court where the best interests of your minor daughter will play a role in the court’s decision. But considering that most of the child’s records (i.e. passport and school records) are already under her father’s surname, don’t you think it more convenient to retain the name to avoid confusion? I hope this helps.

Thanks! Is this petition you mentioned requires biological father’s cooperation? Or as the mother, I can decide and file it alone w/o any participation from the father side, anyway we are not married.

shes just entering grade school, I thought of that too for lesser hassle on my part but the way I see our future, I think its for the best, it may be late but not that so late. We have plans migrating to Canada, hence I fear that this may affect our visa approval & at the same time may open another communication with the father in which in our compromise agreement state that he withdraws all obligations and will not communicate with each other forever. I don’t want to initiate the move of “not” complying to the agreement.

Isu: A petition for change of surname will require the petitioner to publish the notice setting the case for hearing in a newspaper of general circulation. Even if you may be required to send notice to the father, his consent is not necessary.

I am an illegitimate child and my father died last January 2011. He is a policeman (PNP). I would just like to ask what are my rights on his death benefits from PNP (pension, etc.)? Btw, my father executed an affidavit of paternity. Can i get something from PNP?

I believe that you are entitled to a share in the death benefits by showing your birth certificate with the signed acknowledgment, if not, then the signed affidavit of paternity. The information found on this link may be useful for you. Click here. . Also, aside from the usual death benefit from the PNP, you may want to see if you also qualify for benefits under GSIS (but there is a limit of up to 5 children). It would help if he listed you as one of his dependents in GSIS. I hope this helps.

RC: The usual requirements include — (1) Certified true copy of child’s birth certificate (most require NSO certificates)
(2) Affidavit to Use the Surname of the Father
(3) Valid IDs of parents or the registrant if 18 years or older.
(4) For certificates of live birth with unknown fathers, submit additional documents such as the affidavit of acknowledgment/paternity and documents showing father’s signature like SSS, GSIS Policy Contract, ITR, PhilHealth and other proof of filiation.
Lately, civil registrars also require a scheduled appearance/interview of the alleged father.

my partner and i decided to have a baby and im 3 mos pregnant now,the problem is he is not yet annuled so we cannot get married,but we wanted our child to carry his surname but because he is working as a seaman he won’t be here to have his signature in required papers by birth of our child,but he wants to accomplish any necessary document so our child will use his last name. please send me advise about this on my email? i appreciate it very much, your page really helps.

my partner and i decided to have a baby and im 3 mos pregnant now,the problem is he is not yet annuled so we cannot get married,but we wanted our child to carry his surname but because he is working as a seaman he won’t be here to have his signature in required papers by birth of our child,but he wants to accomplish any necessary document so our child will use his last name. please send me advise about this on my email? i appreciate it very much, your page really helps.

my partner and i are both single, we will have our baby on December 2013, we wanted our child to carry his surname, the problem is he is in jeddah right now for work he won’t be here to have his signature in required papers by birth of our child, what necessary document are needed so our child will use his last name. kindly send me your advise through my email. thank you.

Atty. I am very much thankful of your response and it is well appreciated. I would like to ask also what is the use of Affidavit of Use of Father Surname and Affidavit of Paternity? would it help if we get one?

Me: Those affidavits are requirements for illegitimate children whose birth certificates reflect their mothers’ surnames, not the fathers. If the father signs the paternity acknowledgment at the back of the birth certificate before registration, then the dad’s surname will appear as the child’s surname. If not, then that’s when the law ( RA 9255) and those affidavits will apply.

I am now 8 months pregnant now and will be due by the end of next month. Me and my fiance wanted to use his surname for our son. Since we are not yet married, are there any requirements we need to accomplish? The biggest glitch here is that, he is currently out the country for work. His a Seaman. He would not be home until his contract needs, which will be in the next 6 months. Thank you so much and God bless.

hello attorney,
am now 7 months pregnant now and will be due by the end of dec . Me and my fiance wanted to use his surname for our son. Since we are not yet married, are there any requirements we need to accomplish? The biggest glitch here is that, he is currently out the country for work. His a Seaman. He would not be home until his contract needs, which will be in the next 8 months. what documents will i present to the hospital for paternal acknowledgement so that our baby can use his surname. Thank you so much and God bless.

Hi! My BF and I had been living together for 4 years now, and we’re about to have our first daughter. I would really love for my daughter to bear his surname. He is still married, but have been separated for 22 years already. There’s no annulment (yet) for his previous marriage, since he didn’t find this necessary in the past. He and his wife had a son, now 22 years of age, and is living with us.
My questions are:
1. Though I would love for my daughter to bear his father’s surname, I would like to know what would be the consequences in case she carries her father’s surname. Most specially, long term implication.
2. Obviously, my father wanted my daughter to bear my surname, BUT it would tear me and my relationship with her father apart if that would happen, which I do not want to happen because I know how much her father loves her.

Anna:
Trust your feelings then. The only negative implication of letting your daughter carry her father’s surname is the difficulty in changing it in the future if she grows up and feels differently about her father. There have been cases of fathers turning their backs on their illegitimate children (after all, without a marriage bond, a relationship can end at any time). And I have received some emails from children who expressed their desire to use their mom’s surname instead, out of resentment for their father’s abandonment.

I understand how your own father would rather have your daughter retain your surname. Again, this has to do with the uncertainty of a relationship. If things go bad, the illegitimate child is usually caught up in a custody battle. Right now, an illegitimate child is under the sole parental authority of the mother, with or without the dad’s surname. But a child who bears the father’s surname APPEARS legitimate on the face of a passport or travel document. This may expose the child to parental kidnapping as immigration authorities ordinarily allow a minor child to leave the country without a DSWD travel clearance if he or she is accompanied by ONE parent.

My advice: You might want to give the choice of her surname to your daughter when she is of age. But for practical purposes, secure the father’s Acknowledgment of Paternity in a separate document, notarize it and keep it until your child asks for it. The law right now allows the child to choose this option when he or she is at least 18 years old. It will have implications again on the consistency of her records, but there are always pros and cons to every solution. I hope this has been of some help to you.

I pray for your safe delivery and a worry-free life with your new baby.

I would just like to express my heartfelt thanks to your immediate response, which enlightened me and took off all my worries. I was waiting for a clear answer from Him when I attended the Palm Sunday Mass today, and now I saw your response…it really did meant a LOT to me, and my daughter-to-be and my partner as well. May you always find the time to share with people like me, who are in dire need of a legal advise…Again, thank you and more power to you and your site…God Bless…

Hi attorney!
I am 8mos pregnant and will be due next month. My Kiwi partner and I wants to use his surname for our son. We are not yet married, what requirements do we need to comply since he is currently working in Australia and I am here in the Philippines? How long is the processing of birth certificate? Will it be process without his signature of acknowledgment of paternity? Thanks and God bless!

I just gave birth to my baby boy two months ago. His dad is an american and we broke up before i gave birth so he didn’t acknowledge his son as his own. So i used my surname for the registration. But due to the lack of awareness about this laws i was able to write my middle name for my son. Is that ok? Do I have to change it? If I want my child to use his dad’s last name would that be possible after registration? Since his dad is an american can my son be be considered a dual citizen? If not how can he be? My son will be baptize last week of may and is it ok if I use the lastname of his dad in the baptismal certificate since I am planning to change his last name? Please do reply in my email.

Eettam: 1) Yes, you should apply for a correction of his birth certificate and cite lack of knowledge as your ground for including your middle name as his. You can do this by going to the civil registrar where your son’s birth certificate was registered, e.g. Mandaluyong city hall if born in Mandaluyong City.

2) To get your child to use his dad’s last name, you’ll need to obtain an affidavit acknowledging paternity from the father and apply for RA9255 (law allowing an illegitimate child to use the father’s surname) in the civil registry where your son’s birth certificate was registered.

3) There’s a separate registration process for births of children born of American citizens. Please refer to the immigration rules here.

4) I suggest that you ensure first that the father of your son is going to execute the paternity acknowledgment or affidavit acknowledging paternity before using the dad’s surname in any of your son’s documents. Otherwise, you may be left with a trail of inconsistent documents that may be difficult to change someday.

Hi Atty Christine,
My illegitimate daughter is turning 5 and her father would like to acknowledge her by creating an AUSF, all her legal docs (passport) is in my surname since her BC has N/A on the father’s name. I would like to have her father acknowledge her but I don’t want her to use her father’s surname not until of right age where she can decide on her own . What should I ask the father to do instead? Thank you so much.

Hi, MJ. Wise choice you are about to make. Yes, her father can still execute the Affidavit allowing her to use his surname as well as an affidavit of acknowledgment of paternity (can be incorporated in the same AUSF so you only have one affidavit) and simply hold on to it in the meantime. It is only when you register the AUSF with the proper civil registry that the child’s birth certificate will then be processed to contain an annotation stating that she is allowed to use the dad’s surname. I hope this helps.

I need your advice. I am legally married but is now almost 12 years separated from my husband. We parted ways after he has been domestically violent towards me to the point of almost killing me. He was furious when I left him, brought the kids with me and lived with my parents. He took them away from me, threatening to kill me if I get them. As much i desperately wanted to get my kids, I feared for my own life. In order to get the kids back, he said that it will only happen if we live together again. I know that is not possible after all the pain and death threats. This was 11 to 12 years ago.

I have been living with my partner for 10 years now and had a child. I cannot afford to file for an annulment but according to my sister, who still get in touch with my children, the husband wanted to file for annulment and is looking for me. My family did not tell him my whereabouts for fear of killing me or whatever damage he might inflict upon me or my present family. But he wanted to communicate with me. I think i’ll need a lawyer and perhaps a restraining order for him. I am that paranoid.

My child now is already 9 years old and is not registered yet. My doctor knew about my situation then and told me its possible to register my child after the annulment to lessen conflict. She told me to seek advice from a lawyer. We asked 2 lawyers but gave us different advices, the other one told me the same as what my doctor said. The other one told me to register the child.

We wanted to register our child under his name. Now, my question, technically I’m still married, can my partner give his paternity acknowledgement and the use of his surname? And what about my legal status which will appear on the certificate? Should i put separated or single? I will definitely not use my married name.

Please, please help me. I am looking forward to your response, Atty. Thank you very much.

Bella: The certificate of live birth will not ask for your civil status but you do have to fill out your maiden name (not married name) and the father’s name. Immediately following the details of the child’s parents is a portion asking for the date and place of marriage of the parents. In this portion, you simply state “Not married”. At the back portion of the certificate is where the father will execute an acknowledgment of paternity. This is sufficient for the child to be recognized and be allowed to use the father’s last name.

The procedure may be longer because this is considered DELAYED REGISTRATION OF BIRTH. Our Code of Ethics obliges me to properly recommend that you follow the law and register the child’s birth soonest.

good day attorney!
i would like to ask regarding my kids’ surname. Their father and me are not yet married, and both of them carry my last name. their birth certificate both says “not applicable” (for my eldest) and “unknown” (for my youngest) on the spaces provided for the FATHER’S NAME because we were not in good terms at that time. My other mistake was that i let my daughter use my middle name, because i did not know the law that she should not carry my middle name. My second child doesn’t have a middle name because i was already informed about it at the time of his birth plus the fact that the makati medical center and makati city hall were so strict with the implementation. they both have their passports too. Right now, their father would like to acknowledge them, but we don’t know how to do it properly. Please respond to my email because i am really at lost and troubled right now. how can we change their surname and BC, and passports? Their father would like hs name to appear on their Birth Certificate, and acknowledge them. Thank you very much and more power.

Jacq: Try filing an application under RA 9225 for both by attaching the required documents including the Affidavit allowing the illegitimate child to use the father’s surname. You can get the entire list of requirements from the civil registrar where the children’s birth certificates were registered. After you obtain the approval of the application, you will then have to get NSO issued birth certificates showing the annotation (no new birth certificate will be issued). The annotated birth certificates may be used to obtain new passports.

If the civil registrar will refuse to process your eldest child’s birth certificate due to the middle name discrepancy, you may have to first file a petition in court for the correction of entry, citing your lack of knowledge. With the approved changes, you can then proceed with the application for RA 9255 (law allowing illegitimate children to use father’s surname).

Dear Atty.
Thank you very much for that very prompt response. May I ask how do I file a petition in court for the correction of entry, (citing my lack of knowledge) for my eldest child’s birth certificate?

Ricardo: I suggest that they file a petition for correction of entry in the child’s birth certificate. This is a court case that will go through hearings because the issue affects the status of the child.

atty. i had read many comments and questions regarding this RA 9255. i was so confused. please let me be enlightened.. regardless of any ground, A MOTHER OUT OF WED CANNOT USE THE SURNAME OF THE FATHER IF THE ILLEGITIMATE CHILD BIRTH CERTIFICATE WAS NOT ACKNOWLEDGE BY THE FATHER? is this right? because as i read the RA 9255 the illegitimate child can now use the surname of the father but it was not stated that without the acknowledgement the child cannot use the surname.. what is right here atty.? thank you very much and God bless people like u helping us!

Mae: As a general rule, an illegitimate child will bear the surname of the mother UNLESS
(1) the biological father is named in the birth certificate and signs the paternity acknowledge at the back of the certificate, or
(2) if the father fails to sign the back portion of the birth certificate, the biological father signs an affidavit acknowledging paternity and this affidavit is later on used to apply for the provisions of RA 9255 at the Civil Registry where the child’s birth certificate was recorded.

In both situations, acknowledgment by the father is important for a child to carry the father’s surname.

Hi, Maxene. You may ask a lawyer to file a petition for change of surname in court. In my survey of cases decided on similar issues such as yours, the Court may defer or postpone changing the surname until the child is of age (at least 18 years old) and free to choose what name to carry.

Gud day! My problem is kinda similar to those who have already commented –1. an illegitimate child; 2. name of father was erased and left blank since we were not married at the time of birth; 3. my child uses both my middle name and surname; 4. no signature of both parents for the acknowledgement of paternity at the back of the birth certificate; 5. the father has issued notarized AUSF.

But here lies the difference:

The AUSF was filed at the LCR where my child was born. They gave us a certification and a copy of my child’s birth certificate bearing the remarks that my child shall now use the father’s surname. From then on, my child used the surname of his father until such time that we need to get a copy of his birth certificate from NSO. There were no remarks or whatsoever regarding the use of his father’s surname. NSO said that the LCR failed to forward the said ‘change’. But since we are not anymore in good terms with the father, i let my child (which my child also wants) use my surname (and my middle name which i found out only recently that there should be no middle name for them).

With that kind of situation (for my child’s birth certificate), will the AUSF still have a bearing or will it still be given importance eventhough it was not forwarded to NSO? What would be the effect/s if it was only (AUSF) LCR registered/filed? Will my child still be entitled to support from his father and any other legal rights as an illegitimate child even if the AUSF was not forwarded to the NSO? If yes, is there a way that i can compel the father to give support to my child now that he’s in another country (just in case he stops and my child needs the ‘support’? Will there be a problem about my child’s birth certificate when getting a passport (we are now scheduled for passport application)? Do i need to correct the middle name entry before getting a passport or just after getting it (because i believe corrections may take some time)? Do i still need a lawyer for the correction of entry? what will happen if i won’t let it (middle name) be corrected?

Izella: 1) Actual registration with the Civil Registry where the birth was recorded is official. It will only be a matter of time before the documents are forwarded to the NSO for archiving. I suggest that you file a request directly with the NSO for the retrieval of the annotated birth certificate so that they can issue you the proper one on NSO paper. This may take a few weeks so it’s best to act as soon as you obtain the changed name.
2) It may be less complicated to let your child use the father’s surname, because then the middle name issue may correct itself. Applying for a correction of entry through court proceedings will take time and money which may only go to waste if it turns out that the birth certificate to reckon with already bears the annotation allowing the child to use the father’s surname.

hi atty! thanks for replying and for enlightening me about it. I have another question. Nabasa ko po ang reply nyo kay maxene : “..In my survey of cases decided on similar issues such as yours, the Court may defer or postpone changing the surname until the child is of age (at least 18 years old) and free to choose what name to carry.” –1. is this also applicable sa case ng anak ko? As of the moment, kaninong surname ang magpreprevail po? 2. kung gamit ng anak ko ang surname ko base sa NSO records, kahit may AUSF, makakakuha pa rin po ba ng support ang anak ko?

Izella: The statement you quoted refers to those petitioning for a change of name in court. It will only apply to your case if you file a petition in court for a change in your child’s surname. The surname that your child uses will not affect his right to be supported; all you need to enforce child support is proof of filiation or paternity which normally appears on the birth certificate (as the paternity acknowledgment) or the AUSF.

Hi I’m 25 and just recently discovered that the BC I’m using since before & now will not be recognized. I was registered twice as it appears, the original one in Manila & one in the province. The original one filed by the Manila hospital(1986) where I was born was the one filed at NSO, so you see I’m processing it right now to make it right (it has blank name & no paternity acknowledgment). I’m working on it right now including the legitimization because of the subsequent marriage. The process is very tedious. The second BC registered in the province (w/c has all my info including my dad’s signature) is the one I’m using for my school records, and subsequently for my SSS, Philhealth, TIN, etc. Question is, upon finalization of my 1st and original BC, what will be the next step for me? I’m pretty sure i have to retrace all my records then so it may be updated, that my place of birth is actually in Manila & not in Negros Occidental…Do I have to file a petition in court for all those document, especially the ones in the government agencies? Thank you so much.

And by the way don’t you think it’s simpler in my case since I’m using my dad’s last name already since before, & the use of it is still legitimate (retroacted from date of birth?) upon the legitimization process…the point here is for me to just submit the recognized BC by the NSO & subsequently correct the place of my birth as reflected in the SSS, BIR,Philhealth, etc records? I mean would it be a tedious process? Thank you.

Guen: If you are able to obtain a corrected Birth Certificate showing your father’s last name (after legitimation) then your next steps would be to examine all your public records (SSS, etc) for any inconsistencies in the details appearing on them. For example, if your birth certificate’s name, middle and last name match those of the SSS, BIR and Philhealth, then there may be no need to update them. Just check the information details you supplied in those. Assuming that there are inconsistencies in the personal details provided, you will not need a court order to change the details in those government agencies. The corrected birth certificate and maybe a sworn and notarized affidavit explaining the inconsistencies will do. Don’t be afraid to inquire individually from those agencies. I’m sure yours is not an unusual case for them. I hope this helps.

atty. good day! here iam again, i just would like to ask about child support? if the father is married and an overseas worker who had a child to another woman which is a nurse in UK,though he had acknowledge the child (not using the last name) could the mother of the child fight for or demand for child support? since the mother of the child threatens to call the company the man is working with and POEA..please enlighten me..thank you so much, you are such a great help since i started asking questions here..

Me: Children, legitimate or illegitimate, are entitled to child support from BOTH parents. The mother has legal options against a father who fails to provide support by going to court. Reporting the matter directly to the employer or POEA does not appear to be one of the legal remedies BUT it is possible for the mother to file a petition for support, win the case and get a court order directing the employer to deduct the amount of support from the salary of the father.

Regarding the legitimation process, we went to the city registry and one of their requirements is the presence of my dad, by the way his name is not on my bc since he was not around while my mom gave birth & they were not yet married that time. Is there a way where he does not need to appear personally since he’s at the province and plane tickets are not that cheap. Thank you.

Guen: Which city is this? Ordinarily, the submission of the following documents is sufficient:

Requirements for Legitimation
1. Affidavit of Admission of Paternity (If not acknowledged by the father in previous registration).
2. Certificate of No Marriage (CENOMAR) from NSO
3. Affidavit of Legitimation to be executed by both parents (4 copies).
4. Marriage Contract of Parents (4 Copies).

Try asking them that if instead of presenting your dad, will the submission of other documents such as SSS, GSIS, other insurance records, and ITR will suffice? I think they just need to get confirmation of the paternity because, as you said, your father did not acknowledge paternity on the birth certificate. I hope this helps.

Jennielyn: Unfortunately, you’ll need an affidavit of paternity or acknowledgment, which is much more than just the signature of your father as the informant during your birth, to comply with the requirements of RA 9255 allowing illegitimate children to use the surnames of their fathers.

Hi Atty.I would like to ask regarding my son’s surname.My son is 15 years old now and has been using my surname and has no middle name on his BC. but was acknowledge by his father because we are not married when I gave birth.His father is a lawyer.We separated 8 years ago.His father would like to change my son’s surname bec of the law RA 9255.I am married to a US citizen and our petition has been approved and we’re just waiting for our visa.My son was included in our petition because an immigration lawyer in the US told us that I can bring my son with me since I have the sole custody and right to my son even if he was acknowledge by his father.My question is if I will allow my son to use his biologiocal father’s surname 1.)does it affect our approved petition? 2.) how about the records ? 3.)how about the right/s of the father?does it mean that me and the father will sign/secure on his DSWD clearance.I’m confuse.kindly give me an advice and send it to my e-mail.

atty. thank u so much for answering my first question before… actually i am a victim of a relationship committed by my husband to another girl so i am asking questions so as to know my stand and to guide my husband what is the proper way to do the legal way where in it will not create problem again.. i feel so pain knowing that my husband had an affair wt another girl and accdg. to him 1 day the girl informed him that she is pregnant.because of my husband’s fear that i might be able to learn about this, he send money to the girl just for her to stop calling him always.. lately we found out that the girls is legally married with a daughter aged 4. my husband was convinced before by the girl to sign the acknowledgement of paternity in the birth certificate of newborn baby. is there any consequences that the legal husband of the girl might file any criminal case against my husband if he do so sign the acknowledgement? incase atty. that the girl will ask for a financial support wherein my husband is working abroad, is there any basis of denying the support? considering that my husband is thinking twice if he is the father of the baby..thank u very much for the time reading this log explanation of mine..may God repay atty.

Mae: Your husband can ask the mother of the child for a paternity test but ordinarily, the acknowledgment of paternity appearing at the back of the birth certificate is considered proof of paternity already. Giving support in the meantime and paying the hospitalization expenses related to the delivery of the child can also be used to bolster any claim of paternity. For the sake of the other readers who may be in a similar situation, please bear in mind that putting your signature on an affidavit or any other document acknowledging paternity is a serious matter that you should not take lightly. Anyone who is uncertain of paternity should refrain from signing any acknowledgment and instead request for a paternity test at the soonest time after the child is born. It is inconsistent to execute the paternity acknowledgment and then deny paternity afterwards. I hope this helps.

Hi Atty.! Good day to you. I have a question concerning my son. He was born out of wedlock and and though I disagreed, his father chose not to have our son use his surname for fear that it will cause a conflict with the petition his parents filed for him so he could migrate to the US. And that time, the law that an illegitimate child can now use their father’s last name has not been legalized yet. But he did acknowledged that he is the father by affixing his signature in our son’s birth certificate. So right now, my son uses my last name instead. His father and I are no longer together and I am now married to a British citizen. My ex no longer supports my son financially and it is my husband who provides for all his needs now. My husband is willing to adopt my son and we are planning to migrate to the UK. I would want my son to carry my husband’s surname instead as he has been more of a father to him than my ex. My son also wants to be with us and also wants to change his surname. He is now 7 years old. Would we still need to have my ex’s consent for the adoption even though he does not provide any sort of support to my son? I fear that he will make it difficult for us and that I might not be able to take my son with me. May I ask what are my options? Please help. Thank you and God bless!

i am a mother of 3 illegitimate children.their father acknowledged these children and used his surname in birth cert., baptismal but no support was given. i decided to use my surname when they entered school until they graduated from college. Now, my eldest son is planning to get marry and we are confused. what is the best way to change their surname (from their father’s surname to my surname)?there are lawyers asking for 150k for 3 children to cover the publication and other expenses.

hi Atty..greetings to you! Question po..Could I use the AUSF to my american father whom I just recently met and visited. We already got our DNA tested, positive. I’m thinking If I adopt his surname, using this AUSF, our processing of my immigration papers will be faster..Thank you and more power to you atty.

Guilbert: As a disclaimer, I am not licensed to practice American law so I will refrain from giving you advice on this matter. But based on what I’ve read, the acknowledgment of paternity may only help if it was made before the child turned 18. Please see this link for more details.

good day,
in my birth certificate, my surname is under my mom’s name, but all my records (passport, bank, school etc) use my fathers surname. they aren’t married, and there was no father in my birth certificate, so i understand that i would need to have dad execute an affidavit of paternity, where can i get an illustration or sample of such? we live here in manila, my mom can’t sign anything nor execute anything as she has passed away already. any help would be very very much appreciated, i’ve searched online but so far i haven’t found a sample for the affidavit for here in manila kindly send me a link or sample please

good day, what if the original birth certificate indicated “N/A” in the father’s name. Can this law be used toallow the child to use his father’s surname, following the necessary requirements? please advice.

Candy: Yes, the biological father must execute an affidavit of paternity and an affidavit allowing the child to use his surname; submit these with the other requirements at the Civil Registrar to complete the application.

Im so glad that I found this site, I have a lot of questions regarding my illegitimate daughter, she was not acknowledged by her father, so she is using my lastname, on her BC, I’ve noticed that she didnt have a middle name, so when she started going to school, teachers are asking on what her middle name/initial is. The way I read it on most of these articles/questions is that she shouldnt use my middle name? I decided not to use her father’s last name before for the fact that we didnt get any support right from the start, and for my reason that what if there’s a chance for us to go abroad, it wouldnt be a hassle to go out without asking for his permission, and lastly, if ever I will get married, if I change my last name then, can we apply her a delayed registration of birth showing my husband’s last name? Im very thankful that I get very quick response from you. Thanks again – Joyce

Joyce: You are correct in saying that your daughter, who is illegitimate, should not bear a middle initial or middle name. But if you get married someday, the proper remedy to allow your daughter to use the surname of your new husband would be adoption, not delayed registration of birth certificate. I hope this helps.

Just a follow up question pls, so if she cant use my middle name/initial, should I make necessary changes now on her name?I mean, since she already go to school, will it affect that she is using my middle name?Thanks again.

Joyce: Yes, you should ask the school to change their records now while it’s still early. Check all other documents as well where she uses your middle initial and teach your daughter not to use your middle initial anymore.

good day atty.just a follow up question from my first questions how cn you file child support if you are not married with the father of ur child? and how do you file if you are legally married and just separated? hope again you can enlighten me in my concern. and another question cn a woman just proceed to POEA and complain?

good day atty.just a follow up question from my first questions how cn you file child support if you are not married with the father of ur child? and how do you file if you are legally married and just separated? hope again you can enlighten me in my concern. and another question cn a woman just proceed to POEA and complain? i just want to know legal process about this..please help me again..

Me: Minor children, legitimate AND illegitimate, are entitled to support from both parents. As a matter of procedure, it is the mother of the illegitimate child who will file the case on behalf of the child, because the child cannot yet file the case on his or her own. What is being sought in a case for support of an illegitimate child is not spousal support because the biological parents are not married, but CHILD support. Well, anyone can complain wherever they want, that’s part of freedom of speech and expression but without court action, I don’t see how POEA can give the mother the relief that she’s asking for. You know, this is just a piece of practical and moral advice– I am for the welfare of children, regardless of their status. If the father admits paternity, I think that he should provide support voluntarily and not wait for the mother to threaten or harass him with lawsuit. If he is already providing a regular amount, then I suggest that he keep all documents showing proof of support in case the mother goes to court with the matter. I hope this helps.

yes atty im for child support and the welfare of the children,thanks for the advice, i am just concerned since prior support is given to the child, yet the mother is still threatening the father to report to POEA and the company. so i want to know the legal process so he could prepare for the trouble the mother of the child is causing him.thank you for your response and its really a great help,anyway the child is not using the father’s surname.

i am over 18 so i also need to provide an affidavit or letter or consent along with my father’s affidavit of paternity, by any chance do you have a sample also? thank you very much, you are of help to a lot of us

hi atty:
good day…advice lang po….i have a son and he will turn 1 year old this july 23.2011…he was born in korea…me and his father registered him at philippine embassy in korea when my son went home here in the philippines…we are not married so he is illigitimate child but his fathers signature appeared on his birth certificate…i am now home in the philippines and got my son birth certificate at NSO…unfortunately,,me and his father separated because i found out that he is gay and he has a lover..now i want my sons surname change to my surname…we are not in good terms now..we always fight…is it possible to change my sons surname to my surname and i will not tell to his father about it…??…and sino ang may mas karapatan?…the mother or his father..i heard,,,dapat patunayan mo na may stable income ka to support your child…eh ngayon po wala ako trabaho….pls advice..thanks…

Asia: Your child is illegitimate– custody is usually with the mother. The law does not specify that the mother, to be entitled to custody, should have stable income. If you are unable to provide support entirely on your own, you can file a petition in court asking the biological father to provide support. On the child’s surname, to change it now, you may have to file a petition to change his surname in court which will entail publishing the court order regarding this petition in a newspaper of general circulation. So, it’s possible for the father to discover your move to change the surname of the child.

thanks for the reply…so what if nalaman ng father if in case its published??…and he object???….his father is in korea anyway and i dont think he will notice it….and how much do you think ang magagastos ko dito and how long will it take??….in addition,,,i am going abroad in the next few months and someone said he (his father) will come home…im going to leave my son with my sister…im afraid that if he will come home…he will take my child from my sister…what will i do???…im really bothered…..

Asia:
Costs of filing a case would really depend on the fees of the lawyer, which can vary. You’ll need to find one first and ask how much his or her usual fees are. Bear in mind that in cases for change of a minor’s surname, the court may defer the decision until such time that the child is no longer a minor and able to decide for himself or herself which name to carry. On your concern about the biological father taking away your child, try executing an affidavit confirming that you are delegating temporary care of your child to your sister. She may have to report the incident to proper authorities in case your child is forcibly taken away from her. I hope this helps.

For certificates of live birth with unknown fathers, submit additional documents such as the affidavit of acknowledgment/paternity and documents showing father’s signature like SSS, GSIS Policy Contract, ITR, PhilHealth and other proof of filiation.

how can i accomplish these if they also require a copy of birth certificate stating that ‘im the father of my child?

Conrad: The affidavit of acknowledgment or paternity referred to in cases of birth certificates stating the father as “unknown” is a separate affidavit, not the one appearing at the back of the birth certificate. You should be able to show your IDs bearing the same signature as it appears in the affidavit for purposes of comparison.

hi atty thanks for the quick reply..
in case i execute an affidavit of acknowledgement, does it mean i don’t need to present docs from sss, gsis, philhealth etc?
people from city hall ask me about does stuff, though i told them that i can’t have those unless i have my child’s birth certificate which proves that i’m his dad..
again, thanks atty. and more power..

Conrad: You will need to show those IDs (SSS, etc.) which contain proof of your signature and your photo for purposes of verification and comparison with the affidavit of acknowledgement. Otherwise, anyone can just claim to be the biological father of an illegitimate child with an unknown father, and sign a false acknowledgment. The matter of paternity is a serious one because of the legal consequences such as support, inheritance and right to use the father’s surname.

i’ve been searching for a site to have an answers on my queries and at lst I found this..
Thanks..

I had the same case with “cindy’s” post. I am still legally married but not legally separated or annuled becausr we cannot afford to pay the expense. Both my legal husband and I were now having our own family.

I am just botherd because I am presently pregnant and my new partner wanted to use his family name to our coming child and so am I. But knowing that until now I carry my legal husband’s surname on all my legal documents, including my philhealth docs which I will be using to support my hospitalization bills and sss for maternity reombursement. I do not know what surnames to use in filling up the admission forms and so my child’s birth certificate.

Please let me know your genuine advice. It will be very helpful to ease my confusions…
Thank you so much! God bless you.

Febbles: Don’t worry about the names you need to provide during childbirth. You can still use your registered name for the admission for it to be consistent with your Philhealth records. Meanwhile, the certificate of live birth will usually ask for the mother’s MAIDEN NAME, so there’s no need to provide your husband’s surname in it. In the meantime, take it easy. I hope you have an uneventful and safe delivery. :-)

Lyn: If your daughter is illegitimate, her father may adopt her by filing a petition for adoption in court, and as a result, obtain a new birth certificate which will not show any annotation; otherwise, the most that can be done is to get an annotation regarding her father’s surname.

Lyn: A case for adoption may take anywhere from 12 to 18 months and the amount of the legal fees will really depend on the lawyer handling it. It wouldn’t hurt to ask your prospective lawyer for a quote before you actually engage his/her services. I hope this helps.

Melissa: (1) what name appears in your birth certificate today?
(2) what names appear in your other IDs?
(3) do you have a copy of the ORIGINAL birth certificate (green copy) from the hospital where you were born?

Melissa: At the lower right portion of the affidavit, if it was notarized, you will find the name of the lawyer (notary public) and on the lower left, you will find the reference numbers which will help you request for a duplicate copy. I suggest you take a look a the affidavit and go to the city hall where the document was reported as notarized and request for a copy at the notarial section.

Melissa: Is there any other document left behind by your father showing that he acknowledged you? Did he have SSS or GSIS membership where he may have included you as one of his beneficiaries and indicated you were his child? If not, then I am afraid that there is nothing you can do to change your surname to that of your father’s. I am just curious how you were able to obtain government agency IDs and a clearance in the NBI using your father’s surname when government agencies normally require the production of birth certificates. Going back to your problem, you can still get a passport using your birth certificate but you may have to go to the other agencies to correct your surname as it appears in their records.

hi atty,
my sister got pregnant out of wedlock and just gave birth a few days ago. we are processing the child’s birth certificate and im confused this new law.
btw, the father (not his bf) just recently showed his face a few weeks before my sister gave birth. he is just 18 and my sister is mid twenties. he has no means of providing for his son but wants the child to bear his surname. on the other hand, my sister wants her surname to be used and just place the name of the father in the birth certificate. how do we go about this? what would be the implications if the father’s name appears on the document? will that be a problem in case my sister applies for visa or migration to another country? does she have to get the consent of the father on all the childs documents even if the child bears my sisters surname? up to what extent does his acknowledgment legally allows him to do? can we just have the affidavit of acknowledgment attached on the certificate and place ‘unknown’ at the father’s name blank? my fear is he’s too young to know still the consequences of this acknowledgment and my sister is too in love to think straight.and the child will suffer the consequences later. since the fathers identity was revealed just recently, we still do not know much about his background and character. and we are not willing to allow him to use his surname on the child. the birth certificate is still not filed.

Ces: If you don’t want the child to bear the father’s surname, the father should be indicated as unknown and his signature should not appear on the back of the child’s birth certificate. Without the father’s acknowledgment at the back of the Certificate of Live Birth, the child’s surname will be that of his mother’s and the middle name will be left blank.

The father can still acknowledge the child but in a separate document such as an Affidavit of paternity. This may be useful someday, when the child grows up and decides to follow his dad’s surname. I strongly suggest that this decision be left to the child when he reaches 18 as it is rightfully his choice whether or not to carry his father’s surname (if he remains illegitimate). I have received messages from children who regret bearing their illegitimate father’s surnames especially when the fathers abandon them or fail in their obligations. It is something the mother should weigh very well because changing the child’s surname later is not as easy as registering the birth certificate containing the father’s surname today.

If the mother intends to migrate to another country when she remains unmarried to the child’s father, then she should consider not having the child’s birth certificate reflect the father’s paternity acknowledgment as immigration authorities of other countries tend to require a court order showing proof of the mother’s sole parental authority as a condition for the issuance of immigrant visas. And a court order takes time, money and effort to obtain.

Some women with illegitimate children using their father’s surname have come to me asking for ways to get their children to use their (mothers) surnames instead of their father’s for various reasons including subsequent marriage to other persons (not the fathers of their illegitimate children), migration and abandonment. Your sister should be aware of these possibilities before making that decision. I hope this helps.

and also.. the hospital admin tells us that we have to submit an affidavit stating that the mother and father agrees to use the mother’s surname even if the father acknowledges the child. do we really have to do that? dont my sister have the right to use her surname because their not married? thanks.

Bernadette: If you intend to have your child carry the father’s surname then remember the following: At the time or shortly after delivery, the child’s father should be able to sign the back portion of the Certificate of Live Birth which is the Acknowledgment of Paternity. His name should also appear as the “Father” at the front portion of the birth certificate. When the birth registration papers show that the child’s parents are not married, some hospitals require the fathers to show IDs before accepting the paternity acknowledgment. I hope this helps.

Dear Atty. What if the father is not a Filipino and also not in the Philippines (he is in the UAE), but they want the child to bear his surname. The mother and the child is currently in the Philippines. What will be the procedure to register the birth? i understand he have to sign the paternity acknowledgement at the back of the BC, but is that it? Does he have to get the Certificate of Live Birth authenticated by the Philippine Consulate? They plan on getting married and bring the child to the UAE, but they are now having problem on how to register the birth under the foreign father’s surname.

Gie: He can try signing the birth certificate abroad and having it authenticated there. If the acknowledgment is executed and authenticated abroad, then the child’s birth certificate may have to be recorded in the Civil Registry of Manila.

Lan Sam: Depends on when your child was born. For recent births after the enactment of RA 9255, children born out of wedlock may now use the surnames of their fathers if the father acknowledges paternity at the back portion of the certificate of live birth, or if a separate sworn document is filed with the civil registrar showing that the father acknowledges paternity. I hope this helps.

Dear Atty,
I am legally married but separated without legal documents for almost six years now. I am working abroad and presently 8-month pregnant (I’m here in Philippines now for delivery). My partner, who is in abroad, would like his surname to be used by our baby and be registered. Can we request the hospital to delay the registration for maybe two weeks time after delivery until he comes back to Philippines so that he can sign the birth certificate to acknowledge the child? We have plans to bring the baby with us after some time, since we knew at the beginning that the child is illegitimate, we would like to seek your advise if it will be easier for us to process necessary travel documents (BC, passport, clearance, etc) for the child if we will use my surname instead of his surname. If in case we used his surname, does his presence needed while processing travel documents?
Will greatly appreciate if you could send your reply in my email as well. Thank you so much.

Tessa: The alleged father who has not signed the birth certificate of the child or acknowledged the child elsewhere in another sworn document may decline the request for support if he truly believes that the child is not his. But the situation will not end there– Illegitimate children who are not acknowledged may find it difficult to obtain support but this does not mean that a biological father can get away from child support. The mother can file a petition for support and ask the court to order the father to undergo a paternity test along with the child and mother. If the father doubts that the child is his, the only way to deal with that situation is to take a paternity test in order to settle the issue of child support as well.

Tessa: Yes, she may have to shoulder the expenses because she is the one who needs to prove paternity. I’m not sure about the current costs but a few years ago, it was close to P100,000. It could be around that price or slightly higher now and the results often come out within a week’s time, or maybe even less, depending on the workload of the laboratory.

Tessa: When the mother files a petition for support in court, her lawyer will include a monthly amount called an allowance. She may also ask for other items such as tuition fees, health and dental care. In many cases, the court will grant the mother’s request for as long as she can show that these amounts are reasonable to support the child. This is why I suggest to clients that they try to settle support out of court because it is possible to negotiate with the mother at a much lower price than when in court.

Hi! Im a single mom(never married) to a 9-mos old baby boy. However my child used his father’s surname since he acknowledged it by signing the back of the birth certificate and providing a notarized affidavit declaring his paternity to my son. My son’s birth certificate have already been registered and we have a NSO copy of it. My question is can I still change my son’s surname to follow mine? If so what procedure should be done? Do I still need the permission of the father to use my surname? And can he use his signed affidavit of paternity to negate or block my plans to change my son’s surname?

Abbie: To change the surname of your child, you may have to file a petition for change of name in court, get the court order published a few times, attend a hearing and wait for the judge to order the change. The child’s father may oppose the petition and cite his reasons and you may have to give the judge a good explanation as to why you no longer want the child to bear his last name. I hope this helps.

Ricardo: You can file a petition for change of middle name or initial at the civil registry where the birth certificate was issued; ask them for the application form or petition form for RA 9048. Just cite “clerical error” under the reasons for the petition for change of name. They will also provide you with a list of documents such as your marriage certificate, your wife’s birth certificate, SSS, Philhealth, etc. I hope this helps.

Ricardo: It must be a clerical error or typo error. Before filing the petition, I suggest that you bring both copies to the local civil registrar and inquire about the discrepancy. Let them acknowledge that it is their mistake and for them to suggest how to correct it.

Vher: If you want your child to bear your surname, even if you and the mother are not married to one another, all you have to do is sign the back portion of the child’s birth certificate (the acknowledgment of paternity) and the birth certificate will then reflect your surname. I hope this helps.

My brother’s live-in partner gave birth to a son in a Iloilo hospital. The hospital records staff insisted the child should bear the mother’s surname even if the mother appeals that the child carry his father’s surname. The child was their second. With the first, who was born in Manila Hospital, there was no problem. When my brother asked why the denial, the hospital staff referred to a 2008 city ordinance. It bogs the mind, does a city ordinance have would more weight than RA9255? Thanks for clarifying this.

Daniel: Could you ask them for the specific number and date of issue of the City Ordinance? I’d like to see its wordings. Did the father sign the back of the child’s birth certificate acknowledging paternity at the time of birth? I’ll wait for your reply.

Mark: Your child’s birth certificate will not be changed, it is still going to be the same one filed upon his/her birth. If the application for RA 9255 has been approved, the birth certificate will show an annotation (typewritten words) on the margin of the document stating that the child is allowed to use the father’s surname of “___”. Please try to get the latest copy of your child’s birth certificate from NSO and check the annotation. When the child is allowed to use the father’s surname, he/she may already have a middle initial (the initial letter of the mother’s maiden name). I hope this helps.

Rick: If the original birth certificate and the NSO copy of the birth certificate are inconsistent, then I suggest that you go back to the civil registry where the birth certificate was registered and file an application for correction of entry due to typographical error. This should remedy the situation of your niece.

Mark: You still have the obligation to provide child support even if the child’s mother has not communicated with you for some time. Your relationship with the child’s mother has nothing to do with your duty to support. It continues until the child is of legal age or finishes college, whichever comes later. I suggest that you settle the issue of child support BEFORE it gets out of hand and BEFORE you get married so that it does not cause any strain to your future marriage. You can both agree to support your child jointly. Just use positive words when talking to her, and make decisions based on what is best for your child. That way, she will not have any reason to harass you, especially when you are already starting your own family. I really hope this helps.

Abby: Just let the father sign an affidavit acknowledging paternity when he returns and then file an application for RA 9255 with the civil registrar where the birth certificate was registered. The fee is usually minimal– around 1,000, more or less. It is collected by the civil registrar. But in this case, the child’s birth certificate will not be replaced with a new one– the same birth certificate will still be issued bearing an annotation on the margin of the certificate stating that the child is allowed to use the father’s surname. I hope this helps.

Mae: I don’t think you can withdraw the certificate that has already been filed months back. Yes, unfortunately, any application for the child to use the illegitimate father’s surname will only result in an annotation at the right hand margin of the child’s birth certificate. The court may also not entertain a petition for change of surname to that of the father’s if the father voluntarily acknowledges the child and there is another remedy for it in the Civil Registry itself. Another option, as you already noticed, is adoption but that will be a long court process, not to forget, expensive.

hi atty,im 6mos pregnant to my second child but where not married yet…im here at palawan and my baby’s father working in manila…i ask him to come 3days before my expected delivery and he said yes…but in case these would not happen for some reason…can i ask the hospital to hold the registration? I’m worried,because this already happened to my first child…her father is out of town at the time of my delivery and not able to sign at the back of the birth certificate and failed to file the Affidavit of Paternity and cedula.i told them that my daughters father is out of town but they never said anything and the following day my husband came and we ask for the birth certificate and try to filed the requirements the hospital asked but its already been submitted to Civil Registry.We both working in manila that time so we process the Republic Act No. 9255 and both appeared to the judge to proved that he’s my child’s father,like you said after the process and to our surprise my surname still appeared in the BC but there is an annotation appearing the acknowledgement and allowed to use her fathers surname.And my husband don’t want this to happen again to our second child…What shall we do?what are the requirements do we need?we need your advice!!!Thanks a lot…

Iza: RA 9255 allowing illegitimate children to use the surnames of their fathers, if availed of AFTER the child’s birth certificate has already been registered, will NOT result in the issuance of a new birth certificate as you have observed. I think that is clear in my comments here. Anyway, if the child’s father is not going to be present again during your second child’s birth, then you may really have to hold on to the child’s birth certificate first and not submit it to the hospital admin until after the father arrives to sign it. It is possible to process the registration on your own–just ask the hospital for the additional requirements that the Civil Registrar may ask you to produce. I hope this helps.

Mae: To change your baby’s surname, you will have to file a petition in court for change of name citing good reasons for the change. If your current partner is willing to marry you and have your baby carry his surname, the best way is to first get married and then jointly file a petition for adoption. This last suggestion will save you from spending twice on court expenses although you will have to get married first. I hope this helps.

Mae: Whether you file a petition for change of name or petition for adoption, the father is bound to know. In petitions for change of name, the court will order a publication of the order announcing the petition in a newspaper of general circulation before the hearing starts. In a petition for adoption, the biological father’s consent is necessary for the petition to proceed. I suggest that you start communicating with the father regarding your plans and maintain a positive tone throughout your conversations to allow him to see the wisdom of your plans.

Hi Atty, I have two kids registered under my name ( the father and I are not married) My 1st born was acknowledge but the hospital did not let my daughter to the father’s surname (2002- her Birth cert btw doesn’t have a middle initial) My 2nd born was not acknowledged because we were not in good terms the time my son was born (2004- his birth cert has middle initial same with mine.). Now that we’re in good terms, My in-laws wanted the kids to be registered using their surname.. what are the details of changing surname? do we have to file it in court? how and how much? would they be issued a new birth cert? If so, should I update their schools about it and also because they are filed as my beneficiaries, should I also update it?

MB: I suggest that you let their father sign an Affidavit acknowledging Paternity and attach that to the application for the use of their father’s surname. Go to the civil registrar where your children’s birth certificates are registered and ask for the forms used in RA 9255 (law allowing illegitimate children to use father’s surname). They will most likely provide a list of documents for the application to be granted. No need to file a petition for change of surname in court. The filing fee for RA 9255 per application is probably around 1,000, more or less. They will not be issued a new birth certificate but an amended one, where an annotation stating that they are allowed to use their father’s surname will appear at the same certificates’ margins. Once you are able to obtain the amended birth certificates, you may go to their schools and request for the amendment of their school records. The schools may also ask you to execute an affidavit stating the changes and their reasons. All other documents bearing different names must also be amended AFTER you obtain the annotated birth certificates. I hope this helps.

Hi atty. I’m not sure if this has been asked but I really need the answer asap. Sorry for the rush cuz I need to send an amended birth certificate of my son to the U.S. Embassy since I asked them to put his father’s surname on the passport. The thing is, I got the acknowledgment done and same for the usage of the surname of the father but when I got the birth certificate, it only showed an annotation for the acknowledgment of the father. Was there supposed to be another annotation for the usage of surname too? Cuz there wasn’t anything else on it. Please reply soon! I have to send the birth certif. before Dec. 15… thank you!

Megan: I assume that your child is illegitimate and you applied for the use of the father’s surname under RA 9255. Please go back to the civil registrar that issued your child’s birth certificate and ask them to include in the annotation: ” The surname of the child is hereby changed from (original surname) to (new surname) pursuant to RA 9255.”

Hi Att. i am separeted for about 5years now from my husband we been married we have 1 son he is going ten on feb 2012 ofcours my son using his father surname …. but i never use my husband surname at all since we been married… i am still using my own surname my father surname, and all my requermints was on my own surname, from my passport, philhealth, tin i,d, etc… even we are not annald yet…. my question is i am in a present relationship this time, and i have 1 daugter with my present partner… and i,ve been registerd my daughter with my own surname, and her father my present partner was been sign asweel at the back of B/C of our daughter… Tama o my mali po ba sa ginawa ko Att. pls i ned your advice thnx and More Power.

Carolyn: It’s alright not to use your legal husband’s surname as the law allows married women to maintain their maiden surnames after marriage. But with your daughter, who was born out of wedlock, since her father signed the back of the birth certificate (i.e. he acknowledged paternity), then your daughter should be using his surname– assuming it is the same surname that your daughter’s birth certificate shows at the front portion. In other words, please let your daughter use the full name that appears on her birth certificate, whatever that may be, to avoid confusion and difficulty in proving her identity when she is older.

An embarrassing situation, I am 8mos pregnant right now. Both father and I are legally married to our own partners. Will there be legal consequences should we opt to have the baby carry the biological father’s surname? Can our legal spouses use it to file adultery charges against us? =( Please do help.

Miles: It’s not simply the use of the father’s surname that may give you guys away but more importantly the name of the child’s father which must be specified in the birth certificate in order for the child to carry his surname. If you are in a complicated situation right now, I suggest that you forego the acknowledgment for now but ask the father to execute a separate acknowledgment, notarize it, and keep it together with a photocopy of the father’s valid ID, for future purposes. When the child is 18 years old, he or she may decide to use her father’s surname by filing the application along with the acknowledgment of paternity earlier prepared. I hope this helps.

My son’s father is a US citizen, we’re not married but he acknowledges our kid. He is now 3 months old but his birth certificate hasnt been registered yet. His father has signed the acknowledgement at the back of my son’s BC, he had it notarized in US but still, our local civil registrar wont accept the BC and have it registered. Please help, what are the requirements that i need to furnish so my son can use his father’s surname?
By the way, the father of my kid is in Afghanistan right now and he doenst have a definite date on when can he come here in PI.

Cherrie: In that case, your other option is to file the child’s birth certificate without the paternity acknowledgment via delayed registration of birth. Your child will not bear the father’s surname in this certificate but you can later on apply for the child to use the father’s surname when he is in the Philippines to execute an affidavit of acknowledgment. It may also be possible that your partner’s acknowledgment was not authenticated in a Philippine embassy where it was executed. Please ask the civil registrar if they will accept the birth certificate if the acknowledgment on the birth certificate is authenticated by a Philippine embassy abroad. I hope this helps.

atty, good day, im 5 months pregnant and not married, i just want to ask if it is possible to put the name of the biological father of my child in the birth certificate but the child will be using my surname? i can ask the father of the child a letter of acknowledgement but he will not sign at the back of the birth certificate since he is not in the country. do u think it is possible? thank you in advance..

Bernadette: Without the acknowledgment, I doubt if the hospital administration and the civil registrar will allow the registration of a birth certificate naming the father. Just let the father execute a separate affidavit of paternity and have it notarized and authenticated abroad. That way, your child has proof of her relationship which he/she can use when she grows up.

thanks a lot atty. for your prompt response, i just want to know when the father of my child provided the the acknowledgement letter notarized and authenticated in advance, then i can put his name of the birth certificate but i want my child to use my surname. in this i just want the birth certificate of my child indicating the name of his father only not using his surname.. do u think it is possible? thank you atty for being a great help.. more success..

Bernadette: No, it is not possible to do so. If you insist on naming the father in the child’s birth certificate, the civil registrar will require the execution of the affidavit at the back of the certificate. Without the signed paternity acknowledgment, you will not be allowed to include the father’s name. I hope this sufficiently clarifies the matter.

Hello Atty.,
Got a child out of wedlock with an american father who signed the live birth and his surname is being used by our child, if for some reason i can’t get the US visa because my partner’s status is still married(divorced is still in process) Can he take our child away from me? or take the child with him back to USA? if so, how? and how old can a child travel? (she is still an infant now). Pls. enlighten me… thank you so much atty!

i had a son to a married man. he is the only son and carrying the surname of his father. i just wanted to know what is the right of this father? Im working abroad and my son left to my family. the father wanted to have visitation right and get my son once a week to stay in his place. i really disagree with this because he has a wife and I’m afraid his wife will do something not good to my son. but he threaten me that he will look for the atty and do some legal papers to allow this. would it be possible? what is my right as a mother?

Kenai: I suggest that you let the father visit the child but impose restrictions such as for only a few hours each week and for the child to be accompanied by one of your family members or a yaya, if he takes the child out of your home. If he goes to court, your wishes are still going to be respected by any judge since you have a say in your son’s welfare and upbringing. But you cannot absolutely prevent him from seeing your son. Try to strike a compromise with him and settle this out of court because it can be costly and a hassle for you since you are not in the country and may have to return home for this.

I would like to ask regarding my situation now, I am legally married but separated to 8 yrs my ex husband has his own family now. Ever since I never used the surname of my ex husband on all my documents and now I am 3 months pregnant with my new partner and when my baby comes out the biological father would like to use his surname for the birth certificate of our child. My partner is very willing to sign the back of the BC soon and would like to write his name as a father of our child. My question is, would these be possible that we can use the surname of my new partner for our baby? Or is it allowed in the hospital even if we are not yet married? Please help…Thank you

Jacky: Your current partner may acknowledge paternity on the child’s birth certificate even if you are not married to one another. The birth certificate will simply state “not married” under the portion that asks if the parents are married. The acknowledgment will allow your baby to bear the father’s surname. Have a safe delivery.

I’m 20 years old and will be delivering my first child in one month. I am not married with the child’s father but he wants to have his child carry his last name. I have no problem with that.

Questions:
1. Does R.A. 9255 mean that the father and I have equal rights with regards to our child’s custody?

SECTION 1 of R.A. 9255 states that “Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.”

2. I am planning to emigrate to Canada. My mother will petition me then I will petition my child after. Am I going to have problems regarding father’s consent for child to be petitioned?

3. Will I have problems regarding the legality of my “Single” status (as I should be single for my mom to be able to petition me) if I declare my child, since my child carries his father’s surname?

Anonymous Me:
1. RA 9255 does not grant equal rights to child custody if the father acknowledges an illegitimate child at the back of the child’s birth certificate. But it does give the father a right to reasonable visitation and the child a right to be supported.
2. If you are planning to migrate to Canada, then you may have to consider the effect of the father’s acknowledgment on the child’s birth certificate because immigration authorities in other countries usually view the paternity acknowledgment as an additional warning for them to require the applicant parent’s right of custody. If the father’s name appears on the birth certificate of the child, the inspecting immigration officer usually asks for the father’s written consent or court order granting sole custody to the mother.
3. Your civil status may not be determined by your child’s surname although it may make it difficult for you to obtain papers for the child to follow you abroad.

I would like to seek for your advise on what is the best thing to do. I am currently pregnant and the father (who is my boyfriend) left the country to work but we didn’t get a change to get married. Although, before he leave the country, we agreed that our soon to be born child will use his surname, and to prove that he acknowledges the paternity of our soon to be born child, he wrote a handwritten document stating such. He also left some supporting documents to go along with his letter such as photocopy of his SSS form E4, photocopy of some of his employment certificate, photocopy of his passport/seaman’s book, and a copy of his birth certificate. What I wanted to know is if these documents that he left is sufficient enough to use for our child to use his surname? and one more thing is, for the AUSF, am i the only one who should execute or file? or could his mother or father can furnish the AUSF on my behalf?

Joy: For your child to carry the father’s surname, the father must sign the acknowledgment appearing on the back portion of the child’s birth certificate. If this is not possible because the father is not in the country, then much later, when the father returns to the Philippines, you can still file an application for the child to use the father’s surname following the requirements, one of which will include an Affidavit allowing the Child to Use the Surname of the Father (AUSF) executed by the father, since the child’s birth certificate will not bear the father’s signature. The difference between the two situations is this: without the father’s acknowledgment on the child’s birth certificate, the resulting certificate will bear the mother’s surname. Even with the AUSF which will be executed after birth and submitted after the father’s return, the certificate will still appear that way except that it will then have an annotation (or printed words like a side note) on the the right margin of the certificate stating that the child was acknowledged and allowed to use the father’s surname. I hope this helps.

Rhea: You may have to go to court to change your child’s surname because it is not a mere clerical error that led to the child’s use of his father’s surname, but your forgery of his signature. By admitting to forgery, you may also be subject to penalties for the offense.

good afternoon,i want to ask lang po,my eldest is now 7 yrs old,before i gave birth to him he’s father and i separated,because of that dko po nilagay ung name nya sa Birth certificate nya,then we reconciled after a year,ngayon po gusto ko na pong ilgay ung name ng Dad nya,what will i do po?and pwede pa po bang ipaayos un?salamat po..

Raquel: You can file an application for your child to use the father’s surname under RA 9255. The birth certificate will still show the same entries, i.e. father as “unknown” but will contain an annotation or statement appearing on the right side column of the birth certificate to the effect that the child has been acknowledged by (the father’s name) and is allowed to use his surname. Just go to the civil registry where the child’s birth certificate was registered and ask them for the list of requirements and application form for RA 9255. I hope this helps.

Jacq: Many civil registrars now require a personal interview with the child’s father before approving the application for RA 9255. You’ll still need to prepare the required documents for submission at the civil registry. I hope this helps.

ATTY I just read the last comment you made and i got the answer already..but my concern now is my husband, he is in abroad right now. are they still going to ask for an interview for my husband?is there any consideration?or shall i just present our marriage contract?Please need a piece of advice from you atty. thank you.

Mhelai: I suggest that your husband go to the DFA office in the place where he is currently residing and execute the required documents for legitimation before the Philippine consul. That should be enough for the civil registrar to process the application for legitimation her. I hope this helps.

Atty.. Good day! I have a 2y/o illegitimate daughter. During the time that I gave birth to my daughter the father of my daughter and me are still in good terms were planning to get married so young an in love that time that is why I did not hesitated for my daughter to use his surname, however after few months that I stayed with him circumstances have left me no choice but to leave the father of my daughter. I moved back to my parent’s house when my daughter was 4mos old and since then He did not supported my daughter financially. He don’t have a job, he’s 30y/o now and still depends on his parents. He’s giving money once in a blue moon but it’s not enough for my daughter’s expenses. I spoke to him and told him to get a job but he doesn’t want. What I want right now is that If he doesn’t consistently support my daughter, I want my daughter’s surname to be replaced in mine and that he will loose custody. Is this possible? and what shall I do? thanks a lot!

Camille: To change your daughter’s surname from the father’s surname to your last name will require a court procedure for change of surname. Your child is illegitimate, so there should be no question about child custody, because the law already places her automatically under your sole parental authority. This is the case even if she carries her illegitimate father’s surname. So, unless you have other serious reasons for wanting to change her surname, I wouldn’t recommend changing it right now. I hope this helps.

this is a very informative site. I have a question though. I am now 29 years old and I never met my father. he is a Greek national. although my mother told me everything she knows about him, we have no means to get in contact with him.

my problem is this: my birth certificate shows my mother’s surname, but my baptismal cert shows my father’s surname (and my mother’s surname as my middle name). I have used my father’s surname in all other documents up to date (school, bank and gov’t records). I prefer to have my birth cert changed to show my father’s surname but since I have no contact with him (i also don’t know where to reach him), i wouldn’t have a way to secure the documents necessary.

JHMA: Does your birth certificate contain your father’s name and signature at the back? If none, unfortunately, the father’s written acknowledgment of paternity is required for the civil registrar to allow you to use your father’s surname. Some civil registrars also now require personal interview with the father to ensure that the acknowledgment is voluntary and the affidavit is genuine. Without these, you may have to change the surname in all your other records to be consistent with your birth certificate.

My sister was on her 5th month of pregnancy when she discovered that her bf was married already in Phils both of them are in UAE. Now my sister go home & gave birth, now 2 yrs passed they meet again here in UAE and the father started giving financial support and now he’s appealing to my sister that he wanted the child to use his surename. My questions are: 1. Is it lawfully right that my sister will agree to the appeal of the father since he cheated my sister. If my sister will not agree is there any prblem on this matter in the future for example when the childs gets older? 2. If just incase my sister will agree that the child wil use his father’s surname does it mean thst he had the right also to the custody of the child? were having doubt mybe he’s planning to take the child from my sister. 3. My sister is planning to take the child here in abroad then if in case the child’s surname will be change is there any problem for that like the visa or in the other related documents?

I’m also having the same problem and as I’ve scanned the different cases here, I noticed that the case must be submitted to the civil registry on the place where the child was born. The problem with my case is that, my parents (not really married/never been married to each other) filled up on my NSO that they were married so because my Father wants me to use his last name. My question is, since I really want to apply for R.A. 9255 so that I can use my father’s last name legally, do I have to get an attorney for my case? My parents already consulted an attorney and both of them are shocked with the estimated fee which will cost 30k above.

I would appreciate for your advise with my case, Atty. Thank you in advance!

Acer: Due to the false entry that your parents were “married” at the time of your birth, the remedy is not RA 9255 or the law allowing the child to use the father’s surname, but a court case for the correction of the false entry (i.e. “married”) appearing on your birth certificate. Yes, legal fees for court case usually start at that amount due to the amount of time spent preparing and attending to the case. The entire procedure can take months to finish, thus the equivalent amount of the lawyer’s fees.

I would like to seek your advice regarding our situation. My daughter is now 3 years old and she is using my surname. His father and I are not yet married but would like to changer her surname under his father. I would like to ask if a marriage contract is needed? And what are the steps and requirements we need to follow and prepare? Thank you.

Rose: Your daughter may use her father’s surname although the entries in her birth certificate will remain the same. I suggest that you apply for the child’s use of her father’s surname under RA 9255 at the civil registry where her birth certificate was recorded. They will give you a list of requirements and often require the father to appear before the civil registrar to confirm his acknowledgment and permission to let the child use his last name. A marriage certificate of the parents is not required as the law already allows this situation even for illegitimate children. Assuming you submit all the required documents, the annotated birth certificate may be released in a few weeks. I hope this helps.

I am married and I have an 11-year-old daughter. My husband and I have been separated-in-fact for almost 10 years now. I remain not romantically attached with anyone while he (my ex-husband) have a live-in partner and two kids. He acknowledged the kids, hence they are using my husband’s surname. My question is, can I use that fact as a proof of concubinage? Also in his POEA documents, he declared his partner as his “wife”. What shall I do?

My friend is an illigitimate child born in 1982 in Nueva Viscaya. Since birth she has been using the surname of her father since she was acknowledged by her father. She is now holding a copy of the second page of her birth certificate with the signature of her father acknowledging her. She is now married. She is now applying for a passport since she plans to go to another country. Hence, she encountered this problem. When she checked with the NSO, she found out that only the first page of her birth certificate was registered. She likewise checked with the Municipality of Nueva Viscaya and found out the same thing, only the first page of her birth certificate was registered. So, technically, she shouldn’t have used the surname of her father. With her application for passport getting pending, what should be the best and faster solution to her problem.

Bianky: Processing the change in her surname under RA 9255 will take a few weeks and she will have to let her father appear before the civil registrar there to confirm the use of his surname. So, right now, I suggest that she applies for a passport following the name in her registered birth certificate. Please make sure that she submits all other official documents under the same name as it appears in her birth certificate. When she has the time and when she returns to the Philippines, I suggest that she attends to the matter of annotating her father’s surname in her birth certificate under the process of RA 9255. Once allowed, she may use that document the next time she applies for a renewal of her passport. I hope this helps.

I would like to ask for your advise on our situation. I have a son born March 2010. The father and I got married last Dec 2011 because my husband’s annulment from his first marriage was finalized only in Dec 2010. My questions are:
1. Can we apply for legitimation thru subsequent marriage?
2. My son’s BC indicates that his surname is that of his father’s. He was also acknowledged by his father (back portion of BC was signed). But the portion where parents were married indicates “not married”, can we correct or change this detail now that we as parents are already married? What legal remedies should we undertake? How long would this change take effect?
3. Should we decide to forego changing the details in our son’s BC, would this have any negative implications in the future?

Thank you so much for your time. God bless you and the works for your hands.

Mamai:
1. Your child is still illegitimate and may not be legitimized even with the subsequent marriage of his parents.
2. You cannot change the entries in the birth certificate but can apply for the child to use his father’s surname under RA 9255. The result would be an annotation at the right hand margin of the birth certificate indicating that the child is acknowledged and allowed to use the surname of his father. Just go to the civil registry where the child’s birth certificate was recorded and apply for RA 9255. The application may be approved within a few weeks after submitting all the documents required and a personal appearance of the father before the civil registrar.
3. Since you’ve already married the child’s father, then it would be best to have him use the father’s surname by applying for RA 9255. I repeat– this procedure will NOT change the entries in his birth certificate; there is no need to change the entry of “not married” because that was the fact at the time of his birth. The surname change will make his last name consistent with yours and any future children you and your husband may have. Please be sure to use only the name as it appears on his birth certificate when filling up forms for school, etc, so as to avoid hassles in changing entries in documents in the future.

good morning!
i jst wanna ask, im about to give birth to a baby boy this coming may. sad part is, married pa yung husband ko sa other woman but they are no longer living together,. Shall i let my baby carry my surname?., if ever the baby will use the father’s surname, ma-iinclude ba xa sa benefits nito or hindi since he’s illegitimate.
seeking your advice.

Jessa: Your baby may carry the father’s surname if he acknowledges him/her at the back of the certificate of live birth. Without this acknowledgment, your baby will have to bear your surname but not your middle name. An illegitimate child is still entitled to certain rights even without carrying the father’s surname for as long as the father acknowledges paternity, even in a separate sworn affidavit. These rights include support and to inherit when the father passes away. I hope this helps.

Potski: An illegitimate child should be registered under the mother’s surname but without a middle name, i.e. middle initial left blank. Child should not use middle name of mother in birth certificate.

Lazhianica: I suggest that you go to the civil registry where your child’s birth certificate was registered and ask for the printed forms for correction of entry in the birth certificate. Follow the instructions for filing the petition for correction and submit all the required documents, pay the filing fee and wait for the decision after. I hope this helps.

Lyn: While it may be possible for him to sign the affidavit, have it notarized and authenticated abroad, the civil registrar often requires the physical appearance of the parents (especially the father) before acting on the application for the use of the illegitimate father’s surname. I suggest that you ask him when he intends to visit you here in the Philippines so that you can time the application at around the same period.

gud day atty..i have some queries po with regard to my child who is now a grade 2 pupil..8years old…born out of wedlock..the father at the time of birth registration was present and be able to sign the acknowledgment..but after po ng maregister yun never po cla nagbigay support or anything before and AFter birth po,ako pa po ung mag hanap paraan para kulitin ung side nya..actually my parents naman po are supporting me and my son..And lately po I got married, not to the biological father..And now po happily married to my new hubby..the problem po is that we want to change the surname of my child from my surname to the surname of my husband para po malegitimized na xa..e nafind out ko po na this bwicit na R.A 9255 na to permits the biological father to use his surname..

Leidy: If the child’s birth certificate shows your maiden surname, not her father’s last name, then the child’s passport will bear your maiden surname, following what appears on the birth certificate. If the child’s birth certificate shows an annotation at the right or left margin that she has been acknowledged and allowed to use the father’s surname, then the child’s passport application must reflect the father’s surname. An option would be for you and your husband to jointly file a petition for adoption so that she can bear your husband’s surname and be legally placed under both your parental authority. An adoption case may take anywhere from 18 to 24 months, so I suggest that you ask a lawyer to file the petition for you soon. The cost of legal fees will really depend on the lawyer you obtain, and can range between 70 to 100K. I suggest that you get a referral from someone you know, family, friend or colleague.

Ehla: It really depends on the company and its requirements for the availment of certain benefits. If the company will accept a separate paternity acknowledgment, then it is possible for the child to enjoy dependent benefits even if illegitimate. Some companies may also require that benefits be limited to legitimate children, in which case, even the use of the father’s surname (if you are not married to each other) may not make the child qualified. I suggest that you ask the company regarding its requirements for the availment of benefits (whether they require a clear acknowledgment on the child’s birth certificate or a legitimate status). I hope this helps.

Airbourne: Anyone whose birth is registered should have a surname, even if born of parents who are unmarried to one another. Even if the father did not acknowledge the child, the child should still bear the mother’s surname but won’t have a middle name. So, if you say that the SURNAME portion of your mother’s birth certificate was left blank, then the remedy may be a petition for correction of entry in court where you can show proof of her last name such as the marriage certificate of her parents, her baptismal record, etc. You can try going to the Public Attorney’s Office (PAO) in your area and ask for free legal assistance. Be sure to bring all documents for the lawyer to examine and assess what needs to be done. I hope this helps.

I applied for RA 9522 for my two child fortunately they were all approved but my problem is this my first child has no second page for the acknowledgement of paternity whereas there is a second page of city civil registry office and I also executed a Affidavit to use the surname of the father. Anyone can help me please. Thanks

Rolando: If you are still about to apply for your children to use your surname, then I suggest that you comply with all the requirements of the Civil Registrar. If you have already complied with the requirements and have already obtained approval for your children to use your surname, then the absence of the second page is immaterial because the approval of the use of your surname will appear as an annotation on the first pages of their birth certificates. The paternity acknowledgment can also be executed (signed) separately since the birth certificates bearing their mother’s surname have already been registered. Don’t hesitate to ask the civil registrar’s office exactly what needs to be done whenever you have questions about their procedures.

Keyt: The filing fees at the Civil Registry usually amount to Php 1,000++. Assuming you submit all the requirements and the child’s father can appear before the civil registrar, then it may take about a week to get an approval. Of course, you’ll have to ask the Civil Registrar about the timing of the actual release because it may be affected by heavy workload and other factors.

hello po, we happened to get the nso birth certificate of my husband’s nephew who is 12 years old, we found out that the child’s BC is named under her mother’s middle name and surename, no recognition of paternity, parents were never married, the father of the child died when he was 2, and the mother had left him without any communication, since then, the custody was left to his father’s grandparents, what shall we do to honor his father’s surename in his BC? and this child spent all his childhood here in iloilo, and yet his birthplace is in some hospital in Muntinlupa, i mean, processing his papers might be inconvinient for us., we really wanted to put the child’s surename to be his father.. please help.. thank you!

Mherz: If the child’s father already passed away, then I suggest that you or the child’s grandparents file a petition for adoption to legally obtain custody and to effect the change of surname (which is the same as the child’s father’s surname). I hope this helps.

Karla: Here are the usual documents required for late registration.
a. Accomplished Certificate of Live Birth (COLB) in four (4) copies, original signatures affixed;
b. Backside of COLB (Affidavit for Delayed Registration of Birth) must be accomplished and notarized or subscribed by authorized Officer; This may mean having it notarized in the Civil Registrar’s office.
c. Certificate of No Record issued by Civil Registrar;
d. Negative Certification issued by National Statistics Office;

Any two of the following documentary evidences, showing Name of Child, Name of Mother and Name of Father, to wit:
If illegitimate during birth of child, and the mother is not the applicant/informant attached;
Affidavit of two disinterested persons attesting to the circumstances of the birth of the child.

hi attorney i have the same issue as her..ill wait for your email thank you for your help :)

Hi attorney!
I am 8mos pregnant and will be due next month. My australian i partner and I wants to use his surname for our son. We are not yet married, what requirements do we need to comply since he is currently working in Australia and I am here in the Philippines? How long is the processing of birth certificate? Will it be process without his signature of acknowledgment of paternity? Thanks and God bless!

i wanna know if i can file a case support to the father of my child who is indian andcurrently working in singapore we are not married but he sign up my child birthcertificate hope u could tell me what to do thanks alot

Dear heartaches: You can file a case for child support as soon as the child’s father enters Philippine territory. Right now, if he is abroad, there is no way for Philippine courts to reach him and issue orders against him.

Jhen_nica: Bearing a child of another man while you are still legally married to another man can have legal consequences, if your estranged husband uses that situation to file a case against you and your current boyfriend. You are not required by law to state the child’s father and it is your choice to make, when the child is born. There are other issues that can arise when using the father’s surname and having him acknowledge paternity on the child’s birth certificate. These complications often arise when the relationship ends badly and the child’s father disappears or becomes uncooperative. If you are secure in your current relationship, then using the father’s surname should not be a problem. Anyway, no one else can obtain a copy of your child’s birth certificate except you and the listed father. If your estranged husband will charge you criminally for having sexual relations with another man, then the child’s birth certificate may not be his best evidence but the existence of your child.

Dan: Yes– the father can still acknowledge his son or daughter even if he or she is 17 years old. If this is for purposes of using the father’s surname under RA 9255, then the same requirements must be submitted. For children who are 18 years old or older, then there is the additional requirement of showing the child’s consent to the use of the father’s surname.

i am married but separated already (not annuled). my ex husband has another family now, and so was i… i and my current partner is living together for two years..my current partner is living there in the philippines and we are having a serious arguments that almost leads to separation..i am 7 mos pregnant and presently working here in abroad.. all my documents are still under my ex-husband surname, in short i am still carrying my ex husband’s surname.. my questions are: 1.in case that my child’s biological father won’t acknowledge her, what surname will i use for my child once she is born, can i used my surname when i am still single? 2. since my child’s biological father knows that my child is his own, can i put his surname in the birth certificate even if he didnt signed the acknowledgement? 3. if in case that we already submitted the BC in the registrar and the biological father wants to signed it, is it possible to take it back for signature only? 4. or if not, what proper documents will be needed for him to acknowledge my child? please atty. i need immediate response.. thanks in advance.. God speed..

Mine: Here are my answers to your questions.
a) If you are married but pregnant with another man’s child, the child’s birth certificate must state your maiden surname as his/her surname and leave the middle name of the child blank.
b) You can only put the child’s father’s name on the birth certificate if the father is going to sign the acknowledgment at the back portion. No acknowledgment, no father’s name.
c) Once the birth certificate is recorded in the civil registry, the child’s father may only file an application allowing the child to use the father’s surname. The birth certificate which has already been filed will stand as it is although it may later contain an annotation appearing on the margin of the birth certificate stating that the father acknowledged the child and is allowed to use the father’s surname.
d) It would be best for the father to be present when the child is born so that the father may sign the acknowledgment at the back of the birth certificate. The father may still acknowledge the child even after the registration of his/her birth certificate by executing an affidavit of paternity. Some people decide to delay registration until the father is able to sign the acknowledgment but you must remember that delayed registration can be tedious and more time consuming to do.

First, I would like to salute you for helping Pinays through your blog. Secondly, regarding child legitimization, I have a son who is born out of wedlock 4 years ago. The father would like to legitimize our son by getting married and applying for the legitimization through subsequent marriage. Upon filing for his birth certificate at the local civil registry, I allowed my son’s father to sign the paternity acknowledgment at the back, though I decided that my son should use my surname instead.

My concern is that, based on your personal and legal opinion, (1) are we making the right decision? For the sake of the legal procedures and (removal/ suppression of) social stigma, I am considering this. My son is about to go to school this coming June, and I am decided on spending for his needs regardless of marriage (as I have done through these years. my son’s father is jobless and we are not living together). But when it comes to his documents, requirements, etc., I’m still worried that his illegitimacy may bring some conflict in the future. I would also like to note that I remained in contact with my son’s father as not to alienate my son from his father, which I believe he deserves to know. Also, my son would sometimes stay with his dad for a few days.

(2) As a woman, I desperately need your advice on this one, do you think I should go through the marriage to legalize our son? I am willing to make him file for the affidavit wherein my son can use his surname (and remain unmarried), but he intends to legalize our son through subsequent marriage instead. My traditional parents insist that this is the right way to do it for my son. But I am really worried about the future (i.e. what if the marriage doesn’t work out?; what will happen to my son if he remains illegitimate (moral-wise/ stigmatization)?; etc). I do not intend to do this for any financial support or for any material gain (thus I do not demand any financial assistance from him). I would just like the best for my son… a family he could call his own. (3) What are the implications for this in the future?

Lastly, if we push through with the process, (4) how long will it take once we file for the legitimization of our son? Will this still be taken to court?

I know there are a lot of other women in the same situation as mine. Please enlighten us. Thank you in advance.

Independent Yet Confused Woman: :) Hello and thank you for your message.
Women are blessed with amazing intuition or inner wisdom. And when in doubt, DON’T.

First, getting married to the child’s father is not the only way for your son to become legitimate. To erase the stigma of being illegitimate, you may apply for the child to use his father’s surname, which appears to have already taken place in your case. But using his father’s surname will still not make him legitimate so the other option WITHOUT having to marry the child’s father is for the father to ADOPT his illegitimate son. You’ll have to engage the services of a lawyer to go through this as it will entail court proceedings of around 18 months.

Second, being illegitimate in the Philippines is no longer as “bad” as it used to be. There are many illegitimate children who are well-educated and accepted by their peers. The only legal disadvantage of being illegitimate is that the child will have less inheritance rights to the father’s estate when the father dies, compared to that of a legitimate child. But while the father is alive, the child stands on equal footing in terms of child support.

Legitimation is a quick process and does not require a court hearing. Once you are married, you can go to the civil registry where your son’s birth certificate is recorded, file the application and submit all required documents. Please note that if your son will not be issued a new birth certificate. The legitimation will be annotated on the birth certificate’s margin.

Getting married should be a personal decision motivated by genuine feelings of love, respect and support for each other, not for some other motive. When your child is an adult and already has his own family, you will be left with a man you married, and who may not be the one you truly want to be with. It’s easy to get married but difficult to unwind a bad union, if at all possible, considering that the grounds for annulment or nullity are very limited and strictly applied.

I have a situation which is almost the same to the case above. I gave birth last august and the father was able to sign the affidavit at the back of bc. He and i got married 2 mos after since he was outside the country when i was pregnant. Is our daughter still considered illegitimate despite we are already married and is using her dads last name? If yes , how can we make her legitimate? Tnx!

Marie: Go to the civil registry where your child’s birth certificate is recorded and ask the personnel in that office for a list of requirements to apply for LEGITIMATION. Fill out the application, submit all the required documents, pay the filing fee and return to the Civil Registrar’s office for their decision.

y son was born 2002, my partner and I were not married . We later on decided to part ways being him too young at the time of my son`s birth( he`s 16 , im 25). My son was surnamed after me. 2005 we decided to patch our differences and 2009 i gave birth to a baby girl, My daughter was surnamed already after him thru RA 9255. We are planning to get married by the end of the year and the same time my partner wanted our son to be surnamed after him. Our dilemma right now is which is the best thing to process first cause we both believed that any wrong decision might affect our plans. ( it just came to my mind kasi na if we push thru with the wedding, my son will be the only one with different surname , with the 3 of us with same last name and might develop insecurity on his growing year, while if we change his name thru RA 9255 possible ba to kahit almost 9 years na , or pwede pa namin to machange to legitimation thru subsequent marriage( kya dapat ba na mauna na yung marriage). Please enlighten me on this matter thank you so much.id like to add yun po palang eldest ko , ang middle name nya ay yung middle name ko din ang ginamit namin, i gave birth sa PGH and i was not inform na mali pala na lagyan ng middle name yung pinafill up na details kung wlang admission of paternity . what should be the best thing to do. all the while kala ko wlang problem yung BC ng son ko until i read tong mga consulted legal problems sa mga documents..

Gwenisha: Unless there are urgent reasons for your son’s surname to be changed to his father’s surname (such as school registration requirements), then it may be best to wait until you are married before applying for the use of the father’s surname. Bear in mind though that legitimation will not result in a new birth certificate but will merely bear an annotation to that effect. You may also have to apply for a correction of entry to change the middle name appearing on your child’s birth certificate. These two procedures can take place in the same civil registry where the child’s birth certificate was recorded. I hope this helps.

Catherine: Unfortunately, it is up to the civil registrar to require the personal appearance of the father, in line with their duty to ascertain the father’s identity and consent for the use of the surname. The father may acknowledge paternity in a separate document for purposes of declaring your child as his dependent and later take the time to appear before the civil registrar of Manila to confirm his consent to the use of his surname.

Good pm Atty! I’m so glad I found this site, if you only knew how hard I looked for sites to answer my query.. :( You see, my daughter, who is 8 years old now, was born out of wedlock. She was born last Dec 2003. Her father and I got married the next month. The problem is, her original birth certificate bears my surname, though my hubby recognizes her (her bc contains annotation and affidavit at the back). Is there a possibility that her NSO birth certificate bear the surname of her father on the front page without any annotations? Thank you very much! Please help…

Jamie: Since RA 9255 or the law allowing illegitimate children to use their father’s surnames took effect only in 2004, then your child’s birth certificate could not have reflected the father’s surname at the time. It is really only by annotation (and not the issuance of a new birth certificate showing the father’s surname) that the child is able to use the father’s surname. You may easily request and obtain a copy of the child’s NSO birth certificate to see if it is consistent with the original copy in your possession.

If the mother does’nt want her child to use the surname of the father,is there anything that the father can do?Can we put on the fatner’s name in birth cert in the father’s name box but only the mother’s surname will register on the child’s name? If the parents will not make it to end up as married couple at least only the mother has the right to the child and the father can be forgotten.

Maria: Unfortunately, the law allowing illegitimate children to use their father’s surname has been interpreted by the Civil Registrar as a mandatory one– meaning that they are obliged to record the father’s surname when the father’s name appears on the birth certificate and he acknowledges paternity on the birth certificate. If you’re uncertain about letting the child use the father’s surname but would still want some written acknowledgment of paternity, then you may have the father execute a separate affidavit without, however, attaching it to the child’s birth certificate. The child’s birth certificate, in this instance, should not state the father’s name in order for the child to use the mother’s surname. I hope this helps.

Hi Atty. I have a 3 months old daughter and her father is an Aussie Guy and he acknowledged the baby and so his surname is being used on my baby’s birth cert. However, after few weeks i gave birth i found out he cheated on me so we broke up. He was telling me since my daughter is using his surname, he has now all the right to visit or get my baby from me. In the Philippine Law, since my baby is illegitimate , i have the full and sole custody of the child. I would like to know what are the rights of the Aussie Ex Bf in terms of custody to our daughter? I am planning not to receive any financial support from him as this will only lead to continue manipulate me and our baby’s life. Thanks

Jane: If he is a resident of the Philippines, then he may ask for reasonable visitation rights. “Reasonable visitation” may mean hours of specific days of the week, the regularity and duration may depend on the age of the child and her special needs. In your case, it may be argued in your favor that an infant needs her mother more and cannot be separated from the mother for long periods. So, the child’s father may be granted supervised visits with you or a responsible relative around, perhaps in a specific place at home and for a limited time. This schedule may change as the child grows older and can spend more time away from the mother without experiencing anxiety or stress.

I’m a Canadian citizen. I have an elligitimate daughter in the Philippines. She’s 17 years old and not legally acknowledged yet. I’m planning her to come over Canada. What are the legal processes she needs from changing her surname to getting here to live in Canada? And how long will it take to procees? Thank You.

Fred: You’ll have to consult with a Canadian immigration lawyer to get all the legal requirements for your illegitimate daughter to live in Canada. You’ll most likely need to acknowledge her first in a public document and then have that document registered in the proper civil registry in the Philippines. Your next steps will depend on your Canadian lawyer’s advice on which type of visa to obtain for her. I suggest that you discuss this first with counsel from Canada.

Hi Atty. I have a 3yrs old son and he is using the surname of his mother’s ex boyfriend. I want to aknowledge him as my son and use my surname. What are the documents that i need to prepare and submit?

Dhenis: If the child’s birth certificate shows another man’s name as his father, then the civil registrar may not allow your application for RA 9255. The father’s name on the birth certificate is presumed to be the right one.

Good day Atty.
I just want to ask some legal advices about my legitimation process.. I am a lil bit confuse about it
I am an illegitimate child.. I went to our Local city’s registrar here in Davao to file for legitimation.. they stop processing it now because I need to correct my middle name which is my mama’s maiden name.. on my original birth certificate.. it’s ” Cordeta” the right one is “Cordita”.. so when I was ready to pay for the correction, they told me again that if my mom’s maiden name is “cordita” why is it that her signature was Cordeta.. because of the conflict on my mama’s signature.. the legitimation process stopped.. they advise me that it should undergo on court trial.. but we don’t have money to pay all the expenses..

We tried to do late registration, but they stopped it again.. because they said i have a record.. honestly, yes it is true.. but I didn’t use “sheila may cordeta” since i grew up till now.. i’m using “Sheila May Cordita Daniel”.. All my school records are cordita daniel.. I really didn’t used cordeta..

Should i have the right to file late registration?or i should follow what they want me to do which is high cost..

Leo: If you already have one registered birth certificate, then you cannot file a second one hoping to replace the original one by applying for delayed registration. If there is a problem with the spelling of your mom’s maiden name, then you should produce your mom’s birth certificate and marriage certificate as proof of its correct spelling. Most people encounter difficult explaining the discrepancy and it may help to get someone else like a lawyer to explain that discrepancy to the personnel at the civil registrar’s office.

Russel: There is no legal requirement for the father’s signature to be in black or blue. For as long as the father’s signature on the affidavit matches the signature on the ID provided and the father makes a personal appearance at the civil registrar’s office, then there shouldn’t be a problem with the affidavit.

Good day Atty., can I ask for your help…I’m illegitimate child and was born in 1986 when Pres. Cory Aquino implemented that the child cannot use the last name of the father if the parents is not married. This is my question can I still apply/file the R.A 9255 or AUSF instead of adoption proceedings…:(…because back 2011 I filed the R.A 9255 twice but they didn’t allow me to use that because of the family code in 1986…I hope you can help me..Thank you very much…

Antonette: RA 9255 does not change the status of a child from illegitimate to legitimate, while adoption elevates the illegitimate child’s status as the adopted can enjoy similar rights of a legitimate child such as the use of the adopter’s surname and a right to inherit from the adopter. Illegitimate children using their mother’s surnames are covered by RA 9255 although the surname of the child will not be changed on the birth certificate– the birth certificate will merely contain an annotation stating that the child’s surname has been changed from ____ to _____ and that the child has been acknowledged. If you’re seeking to obtain a new birth certificate with a changed surname on it, then I’m afraid that this is not possible. But you may use your father’s surname if you follow RA 9255.

Antonette: You may apply for RA 9255 for as long as you submit all the required documents of the Civil Registrar. The law covers all illegitimate children born before or after the RA 9255 took effect. However, there may be other circumstances not stated in your query which may prevent the application for RA 9255. Your best option is to prepare all of the documents required for RA 9255 and see what happens at the Civil Registry.

Dear atty, i just gave birth a week ago and have not filed my son’s bc yet. does it really necessary for my partner to appear in lcr to file the bc since he wants to use his surname for our son? or can i file it alone with his signature in the admission of paternity? and also in the informant signature?

Ehla: Lately, some civil registrars have been requiring the fathers to make a personal appearance before them in order to process the application to use the father’s surname for illegitimate children. You may have to inquire with the civil registry which has jurisdiction to record your child’s birth certificate first and ask about the personal appearance. In some cases, the father’s valid identification card bearing his signature was enough for the civil registrar, but perhaps due to cases of spurious paternity acknowledgments, they have seen it best to require the personal appearance now.

Hi atty, I want my 7months old daughter to use my surname for the purpose of baptism.
the problem is, in my daughters registration at the hospital ( it is now in the LCR) she is using a different surname. what will be my steps atty? thank you.

Joseph: I assume that your daughter is an illegitimate child, in which case, you may go to the civil registrar and file an application for RA 9255, although it may take a while for that to be processed if the certificate of live birth has not yet been transmitted to the NSO. I suggest that you go to the civil registry which recorded your child’s birth certificate and inquire about the steps for RA 9255. You may have to schedule the baptism a little later if you want her to use your surname for purposes of baptism.

Dear Atty,
I have a problem about my son birth certificate, it has no middle name,and my son using my surname because were not married. Ang problem po ngaun ilalagay my middle name sa birth certificate of my son since he acknowledge at the back of the said documents.
I file last 2004 the use of the surname of the father but now ganun pa din but now how can my son use my middle since the father is not supporting my son and no attachment at all for almost 7 years.. The school record of son is using my surname..

Jenalyn: If you were not able to complete the application for RA 9255 (Law allowing illegitimate children to use the surname of their fathers), then the child’s name will remain as it is, meaning he will use your surname and not bear a middle name. IN the meantime, just use the name that appears on the child’s birth certificate to avoid confusion later and the hassle of amending numerous documents.

Ram: For births that have already been registered using the mother’s surname, the acknowledgment of paternity executed after the registration may not result in a new birth certificate but will only include an annotation stating that the child has been acknowledged and is allowed to use the surname of the father.

Good day Atty.
I’m about to give birth next month but I’m not in touched with the father anymore. Can my child use his father’s surname even if there will be no signature and affidavit attached to the birth certificate from the father of my baby? Is that possible? Thanks in advance atty. Please reply.

Kristine: Without a signed acknowledgment on the child’s birth certificate or in a separate notarized document, you may not name the child’s father in the birth certificate and consequently you may not let the child’s birth certificate bear the father’s surname.

Hi Atty. I need an advice regarding my daughter’s surname. She is 9 years old now and has been using my surname and has no middle name on her BC but was acknowledged by his father because we are not married when I gave birth. His father never gave any financial support to my daughter. He never called whatsoever. I am married to a US citizen and he will file for a petition for me and my daughter. An immigration lawyer told us that I can bring my daughter with me since I have the sole custody and right to my daughter even if he was acknowledged by his father. My question is, What will happen if the father would like to change my daughter’s surname because of the law on RA 9255? Will he be able to file it without me knowing? Will it affect the petition for my daughter? I’m confused. Please give me an advice via my e-mail.

Sam: The civil registrars now have a common practice of requiring the mother and father’s personal appearance for applications to use the father’s surname under RA 9255. From experience, the immigration officers usually ask for the some written proof of the mother’s right of custody if the child’s birth certificate mentions the name of the father and contains a paternity acknowledgment at the back of the child’s birth certificate. If it is left blank, all you may have to show is proof of our law (Family Code, Article 176) that the illegitimate child’s mother has sole parental authority.

Good day po atty. I would like to seek your advise with regards to the bc and legitimation of my child. He is now 5yrs old. He is still using my surname and my middle name and that was also on his bc. Because i was not married to his biological father and not in good terms and without any communication at all. Im already married now but not with his bioligical father. My husband(not the biological father) and i would like to use my husbands surname. What process should we do?and on my child’s birth certificate the father’s name is blank and no signature of his biological father. Thank you so much! Hoping for your respond. God Bless

Sunshine: The remedy here would be for you and your husband to file a petition for adoption jointly, NOT to alter or change the entry on the child’s birth certificate. Entering the name of a person who is not the child’s biological father can expose you to criminal cases for the falsification of the entries, so I don’t suggest doing that even if the space is left in blank.

Mario: The process here may be of legitimation. Go to the civil registry where the birth certificate of the child was recorded and ask for the list of documents required to process legitimation. The Manila City Hall’s civil registry page cites the following requirements: LEGITIMATION AND ACKNOWLEDGEMENT REQUIREMENTS AND THE STEPS TO FOLLOW FOR THE APPLICATION

I. SUBMIT THE FOLLOWING DOCUMENTS (ALL ORIGINAL COPY) AT RM.117-A.
1. Latest Certified True Copy of birth Certificate of the child.
2. Latest Copy of Marriage Contract of parents:
– If issued in Manila – Certified True Copy only
– If issued outside Manila – NSO/SECPA copy only
3. Latest copy of Certificate of No Marriage of both parents from NSO (CENOMAR)
4. Original baptismal of the father does not appear at the birth certificate of the child
5. If the name of the father does not appear the birth certificate of the child
Submit at least 2 supporting documents from the following
5.1 SSS-E1 or E4 of the father where the child is declared as beneficiary
5.2 GSIS of the father where the child is declared as beneficiary
5.3 Income Tax Return of the father where the child is declared as beneficiary
5.4 Philhealth of the father where the child is declared as beneficiary
5.5 Insurance of parents where the child is declared as beneficiary
5.6 Report card (F-138) & Scholl Record (F-137) of the child wherein the name of the father is declared or the signature of the father is affix at the card.
5.7 Statement of assets and liabilities.
6. If the mother is deceased, submit the Latest Certified Copy of Death Certificate.
7. If father is deceased, AUTHENTIC WRITING WILL BE NEEDED SUBMIT THE FOLLOWING DOCUMENTS LISTED AT NUMBER 5 or any other records that will prove the filiation of the child or documents showing that the father has acknowledged the child.
8. Submit photocopy of the valid ID and Cedula of the parents.

NOTE: ALL APPLICATION IS SUBJECT FOR EVALUATION

II. APPEARANCE OF PARENTS (FATHER AND MOTHER) ON THE SCHEDULE OF INTERVIEW AND BRING THE ID AND CEDULA OF PARENTS – FOR VERIFICATION, IF CHILD IS OF LEGAL AGE (18 YEARS OLD AND ABOVE) APPEARANCE FOR INTERVIEW IS NEEDED AS WELL AS ID AND CEDULA
(Source: http://www.manila.gov.ph/citycivilregistry.htm)

Angelu B.: The mother is usually given a form to fill out shortly after giving birth. It is your choice whether to name the baby’s father in the birth certificate. However, if you name the child’s father in the certificate, the child’s father must be present to sign the back portion of the birth certificate (or the paternity acknowledgment) in order for the child to bear his surname. The hospital will take care of submitting your child’s COMPLETED and signed birth certificate to the appropriate civil registry.

the hospital was given a COLB w/the fathers signature already done,as he could not be at the hospital, when he went to the hospital, no one seemed to help or assist.when the BC was submitted, it was not the COLB he had not the one signed,
has wrong address. father listed as unknown,
what recourse does one have?

Good day po atty. I would like to seek your advise, 7yrs ago me and my exGF broke up but i left her pregnant. And she got married to another guy, but the guy didn’t know that the Kid that she is carrying is not his and my exGF kept it secretly to him, till a yr ago when she open up to him and they got separated . Then met and we met talk everything out and now we are living together with the kid.

my question is what is the process in making the Kid last name to be mine being his biological father… and changing all documents also to my last name like B.C. ?

Mark: Children born during the subsistence of a marriage are legally considered legitimate children of that marriage. Unfortunately, only the husband whose name appears as the child’s father in the birth certificate can impugn or challenge the legitimacy of the child. The child’s mother may also be held liable for simulation of birth (for falsely declaring her husband to be the child’s biological father). If the child’s father does not impugn the child’s legitimacy through a court action, your other option is to adopt your own child in order to give him the same rights of a legitimate child such as the right to use your surname and be under your parental authority. In adoption, the consent of the child’s father whose name appears on the birth certificate is necessary. This may be your chance to get him to deny paternity.

Good day Atty! I am 5 months pregnant with my ex-boyfriend who I was living with. We broke up a month ago after I found out that he deliberately kept vital information about his past. Apparently he already has 4 children with his past relationships with different women. Also he is already married but has been separated from his wife.

My ex-boyfriend out of spite is now threatening that he will deny paternity and will not provide support. He has also been harassing me via text and phone calls. Recently an unknown friend of his came to my house demanding to see me and texted me that he is just in the vicinity waiting for me. Right now, I just want to prove via DNA testing that he really is the father however I do not wish for my child to carry his last name or allow him any visitation rights. I only want to prove via DNA testing that he is the father and let my child once he is old enough to decide if he wants to see his father or to carry his father’s surname.

1. Is there a way for me to petition the court to demand for a DNA test?
2. When the undeniable truth comes out that he is the father, how do I ask for child support? 3. Can my child use my surname instead of his even if paternity is proven after DNA testing?
4. Can I deny visitation rights or get a protection order against my ex?
5. Do I have to wait until the baby is born to file any case?

Kaye: I suggest that you wait for the baby to be born before you decide on pursuing DNA paternity testing to settle the paternity of the child. Right now, it is premature to file a case asking a court-ordered paternity test as the child is not yet born. Be aware that establishing paternity will have legal consequences such as the right of the father to reasonable visitation. The use of the father’s surname, however, is not automatic unless the father acknowledges paternity at the back of the birth certificate before registration. Even with proof of paternity after the birth certificate is already registered, your consent to the use of the father’s surname may be required at the civil registrar’s office. If you don’t want you or your child to have anything to do with the child’s father then you may have to consider leaving the issue of paternity unsettled. Take time off and reflect well before making decisions that can change the life of your unborn baby. That way, a more reasonable outcome can arise when decisions are not made out of anger or vindication. Also, you need to eliminate unnecessary stress while preparing for the birth of your child, which can be affected by all the issues you are facing right now.

Is a child born out of wedlock the same as a child whose parents are living together (common-law marriage). I’m asking because I was not asked to fill out any other forms or pay the 1k fee; only the birth certificate from the hospital.

R: In the Philippines, a child born out of wedlock is one who is born of parents who are not married to one another, even if they are living together. You may not have to undergo RA 9255 process where the additional fees of 1K (more or less) is charged if you acknowledge paternity on the child’s birth certificate prior to its registration in the Civil Registry (which seems to be the case here as the hospital processed the birth certificate bearing your surname already). The additional process requiring the submission of an affidavit of paternity etc. is for those whose fathers did not acknowledge paternity at birth and before registration at the Civil Registry.

Good day atty, i have concern about my daughter birth certificate, In her birth certificate she using my surname, the father is written ” unknown” in her birth certificate. My question is that possible to change of illegitimate child surname, direct use surname of my husband now? he’s not a biological father of my daughter. If in case we process adoption, is it needed ask permission or consent from her biological father? even the father name not exist in my daughter birth certificate? Another question if in case i take my daughter in abroad is it possible to process changing surname in abroad? with the coordination of Philippines embassy? i know it takes time to process changing surname in Philippines, because this time I’m living here now in abroad, my daughter she’s still in Philippines now we’re planning apply visa for her in next year 2013. She has no passport yet, then I thinking maybe better I change her surname first before can get a passport for her. Now I confuse of what I would do change first her surname, before get passport for her. Please advise me thank you I’ll wait your reply via in my email? thank you.

Zil: Your husband will have to adopt your child for your child to use his surname. The biological father’s consent may not be required since he has not acknowledged paternity nor does his name appear on the child’s birth certificate.

Sherx: I assume that your child is illegitimate then your child may still be able to use your surname but you will have to return to the Philippines and sign a document acknowledging paternity, notarize it and submit it along with other requirements before the civil registrar in the place where your child’s birth certificate was recorded. Your personal appearance will most likely be required so you need to be in the country to get this done.

Rheine: If the child’s father already acknowledged the child by signing the back of the birth certificate, then there would be no need to apply for RA 9255 since the civil registrar usually records the father’s surname upon it submission. But if the child is already using the father’s surname and you want to change the child’s surname to yours or some other last name, RA 9255 is not the remedy and depending on your situation, you may have to file a petition for change of name in court. The appropriate action will depend on the actual circumstances of your child’s situation.

Maria: If your future husband is also the biological father of your illegitimate children, then he may acknowledge them in an affidavit of paternity and submit other documents for RA 9255 before the civil registry where the children’s birth certificates were recorded. BUT– if your future husband is NOT the biological father of your children, he cannot acknowledge them as his and use RA 9255 although he may adopt them jointly with you for them to be under his parental authority and to USE HIS SURNAME as well. I hope this helps.

Hi Atty. I would like to ask about my concern, I am born out of my parents wedlock year 1992. they got married when I was 6 years old, Based on Civil Registrar, I am legitimate My record is having my father’s last name, but when I got my NSO record, I am illegitimate and I got my mother’s maiden name. What should we do to make my NSO record legitimate? Thank you in advance

Krystel: Please check with the civil registrar if your birth certificate in their records show that you have been LEGITIMATED as a result of your parents’ subsequent marriage to one another. If so, then I suggest that you ask the Civil Registrar to transmit your birth records to the NSO for your records to be consistent in both offices. It is possible that it is only a matter of non transmittal of records. Just see that this is the case. I hope this helps.

Atty I had my 11 year old daughter but was not acknowledge by her father. I married 4 years ago and my hubby is willing to let my daughter use his last name although he is not the biological father. Is it possible? my daughters middle name and last name is the same with mine, but the name of the father was left blank. what will I do atty.?

Paul: Consider filing a petition for adoption. Since the father’s name does not appear on the child’s birth certificate, his formal consent to the adoption is not necessary, making it easier and faster to obtain. I suggest that you approach a lawyer who can handle adoption for you.

Alvina: Just go to the nearest NSO satellite office and request for a copy of your birth certificate. That way, you’ll know whether you have a problem with your identification documents. Don’t worry about possible issues– the NSO will only issue you a copy under the name that you request. If it’s not available, then they will say that it’s not in their records; in which case, you’ll have to try requesting under another surname.

Hi Atty. I am annuled already 3 years ago, and my 2 kids 17 and 18 of age were leaving so soon. and we have already got visa, and ready to attending seminar for the CFO.. its needed for consent of the father? which we abandoned almost 12 years and now his on jail for murderer? what if he refuse to sign? what can i do? thanks i need ur advice.

Sarah: I suggest that you examine your annulment or nullity decree; check if the court mentions that you have sole custody of the children. It is also wise to contact the lawyer who handled your annulment/nullity petition for a thorough assessment of your case and the next legal steps.

A relative is pregnant with her first child and is due to deliver the baby very soon. She and the father of the child are living together and are planning for the wedding in June 2013. However, the father of the child died the other day on a motorcycle accident. The mother wants her baby to use her partner’s surname. How could it be done?

Salve: I’m afraid that it may not be possible for the child to use the father’s surname upon birth because the civil registrar will most likely require the father’s signature at the back of the birth certificate or if not on the back of the birth certificate, then on a separate sworn affidavit but with the father’s personal appearance before the civil registrar.

Jan: Yes, it’s possible for the illegitimate child to have the father’s full name for as long as the biological father acknowledges paternity at the back of the birth certificate. There is no law prohibiting this nor limiting the use of the same full name for the illegitimate child. I hope this helps.

Mj: Changing the father’s name in your child’s birth certificate is a substantial change that may require a court petition for it to occur. It can also expose you to possible liability for the falsehood in the birth certificate which is punishable by law. But it’s better to deal with this issue now than later when untold difficulties can arise and affect your child.

Good day to you atty. I have a 15 yrs old daughter from a previous relationship and was born in south korea. We transfer back here in the Philippinnes after a year and then the mother of my child left that year as well. she didn’t make any contact after that. Right now I’m married with another woman and working here in Canada and planning to migrate here with my wife and children. My illegitimate daughter is using her mother’s surname but in her birth certificate my name is written there as his father. Do I still need to apply for RA 9255? If so how can I do it while living here in Canada. and also my wife check for the requirements for the RA9255 it was stated there that we will need some documents from her mother and a personal interview with the mother is needed. But we didn’t know where the mother is now even her relative had transfered already. Can my wife or my mother can act as her representative since they are the one who took care of her. Thank you and Im hoping that you can help me.
Erwin

Shiela **** : RA 9255 may not be possible at this time because the mother’s personal appearance as well as the father’s, is required. Representatives, even if they have been taking care of the child, are not included, because the mother’s consent to the use of the father’s surname is the reason behind the requirement. If your goal is to bring the child abroad and live abroad with you, you may have to file a petition for sole custody here in the Philippines before applying for the appropriate visa on behalf of the child. Any legal process affecting your child, however, will require your presence in the Philippines to see it through. I hope this helps.

Thanks for the reply. I just want to ask when my wife went to the city hall for inquiry on RA9255 and present this situation the staff there told her that if the mother was present she can process the RA9255 even if I’m not around. What if I get a vacation and process this personally would they still need the presence of my daughter’s mother? and where can I file for the sole custody of my chld?

Shiela: It depends on the civil registrar who is given discretion to require the appearance of the father and/or mother in order to satisfy their requirement that both biological parents agree to the change of the surname (and when the child is not a minor anymore, the child’s consent as well). In one instance, since I was able to get the mother and father to sign a document that they agree to the application (while showing a written authorization for me to process it, and copies of their valid IDS bearing their signatures), I was able to obtain the change without presenting either the father or mother. I suggest that you collate all documents for the application and try filing the application to see if it will be approved. Petition for custody must be filed in the court of the place where the child currently resides.

Good day!
I would like to ask clarifications regarding my daughter. I have an illegitimate daughter born 7 months ago and I need to leave her in the care of her father in the philippines as I need to return back abroad to support her. And now, for the past 5 months I was not able to see my daughter wven a single picture. I was not able to support her for the past 2 month due to my financial problem abroad and my other side financial problem. Because of that, her father did not communicate me at all. I am planning to return back to phils to get my daughter. Do i still have a right to get my daighter even if I was not able to support her for 2 mos? Her father is an architect and getting big salary. Is it ok if I will send financial support to her only for my daughter? What are the things to consider of abandoning your child? Please help me.
Thank you

Rem: You can still get your child back even if you were unable to provide financially for her support in the meantime. Besides, the child’s father also has the obligation to support her. I suggest that when you are able to fetch your child from her father’s home, to please entrust her care instead to someone related to you, like your mother, sister or other responsible relative who you trust. Yes, you may send financial support only to your daughter, not necessarily for the father, because you are not married to him.

Kenn: A written acknowledgment signed by your biological father would be the best document to support an application for RA 9255. Just attach a copy of his death certificate. If your father managed to include you in his list of dependents in SSS, GSIS or PhilHealth, that may also be used as proof of acknowledgment.

Abegail: The child’s mother may still demand later for support if the child needs it. Any written agreement waiving support is void and the court will always rule in favor of the child particularly for support. The written agreement waiving support may also be used as proof of filiation since you can’t waive support if the other party is not the father in the first place. I hope this helps.

dear atty.,
im an illegitimate child,i was born 1989,but i grow up using my fathers surname and writing my fathers name in all of my documents and school papers and until now. and in my birth certificates my fathers surname is wat im using..im just worried that it may cause problems when i process my papers specially now,im planning to go abroad…
can i also be covered by the law 9255?what action should i do,will i have problems in processing some documents in the future because of using his surname?

Momo: You’ll have to go to court to change the entry stating the name of the father. You may also be liable criminally for falsifying the child’s birth certificate by falsely stating the father’s name.

Atty. currently im working here in dubai and i have a daughter in the philippines thats about 10 years old na. She was a lovechild of my previous girlfriend and during her birth in 2004 i we were not in good terms with her biological mother so she decided not to include me as the father in our child’s birth certificate. Moving forward to 2013, We are now in good terms as in myself, our child and her mom and planning on getting married in 2014. In our case, since our daughter is already 9 years old, sabi sa mandaluyong local registry hindi na raw pwede acknowledge na ako ung father kelangan daw DNA test na daw. Is this true? Ayoko sana ng DNA test dahil sobrang mahal ng procedure. Is there any way we can update our daughter’s surname to mine considering me (the father) and her biological mother is planning to have our civil wedding this year?

Welnuks: I assume that the child’s mother listed someone else as the child’s father or else there won’t be any need for paternity testing. In that case, the child’s mother may be exposed to legal sanctions for the false entry. I suggest that you get married and then file a petition for adoption jointly so that the child will have all the rights of a legitimate child, carry your surname and be under your parental authority.

Zareth: The application for the child’s passport must follow the surname as it appears in the child’s birth certificate. If you want to obtain a passport soonest, just follow the embassy’s requirements. It’s not clear to me whether your child is illegitimate, if so, then the child’s birth certificate will most likely indicate the mother’s surname. If you are married to the child’s mother, then the child’s birth certificate should show your surname. No need to use RA 9255 if you are married to the child’s mother.

Zareth: I think there’s a problem because the child’s mother is still legally married in the Philippines– the Philippine embassy in Belgium will have to recognize the existence of the marriage and can refuse to register the child following your surname. This is because the law presumes that children born of mothers who are still legally married are children of the existing marriage. The most that the mother can do right now is to have the child registered under her maiden surname, if that is allowed by the officials there, now that they know the child’s mother is still legally married. If your urgent requirement is to get a passport for the child, then your best option right now is to follow the instructions of the embassy and then apply for the child to use your surname after the child’s mother gets an annulment. I hope this helps.

Dear Atty, I gave birth 6 mos. ago. From day 1 of my pregnancy my bf told me already that our child will carry his surname. Personal nyang nilakad as required by the city hall here if the parents are not married. I agreed to use his surname half heartedly siguro dahil alam kung he can’t marry me the chances of separation is there…until now he provides supports financially and visit us once in a while. he’s a pilot, I know he can provide better future for our child the reason why i agreed to use his surname…I know I can’t give a valid reason why i want my child’s surname be changed to mine…but is it possible? pwede ko bang i pachange w/o hassles (w/o his knowledge)? from the start i didn’t want it, to shun from arguments i just agree.
you’re legal advice is much appreciated. thank you

Ron: Changing the child’s surname after the father allowed the child to use his surname will have to go through court process, i.e. filing a petition, publication in a newspaper, and hearings, and you’ll have to justify the change of name. The court may also decide that the child whose last name is being changed should be given that choice someday when he/she is of age, rather than the child’s mother. I hope this helps.

Jam: If you want to use RA 9255 to let the child’s name follow the father’s surname, I’m afraid you can’t force the father to sign the acknowledgment for that. It is not the right of the illegitimate child to use the father’s surname and without acknowledgment, by law, the illegitimate child will follow the mother’s surname. You can apply for the child’s passport using the name as it appears on the child’s birth certificate. There’s no need to go after the child’s father, unless the immigration authorities require the father’s written consent for the child to travel. But I assume that the child’s birth certificate does not state the father’s name– in which case, you can easily get a passport and visa without need for the father’s consent. I hope this helps.

Hi,
I’d like to know if what will I do for my child to use my husband’s surname and we wanted our child to be legitimated. Here’s the problem, my child’s birth cert was late registered and since we’re not in good terms of my BF i didnt put his name in the birth cert. Fortunately, after 8 years we got married. now, we wanted our child to use his surname. We already created an acknowledgement of paternity and we tried to make our child his beneficiary in SSS but sss dont accept the acknowledgement of paternity. So with the baptismal cerificate, the church said that they will just follow the things that is in the birth certificate.

We wanted to file for acknowledgment and legitimation but i think that is not possible unless we the child is on my husband’s filiation or like insurance, sss, BIR etc. and non of these agencies accepts the acknowledgement of paternity. How can we procede if we dont have these documents. what we only have is the paternity and joint affidavit. please help us on what are the other supporting documents that we can get to have our child acknowledge and legitimated.

Taz: Please go to the civil registry where your child’s birth certificate was recorded and get the list of documents required for legitimation. Ordinarily, the marriage contract and affidavit of the parents are enough. Proof of filiation in the SSS, BIR registrations are normally required when the father is no longer present to confirm paternity or acknowledge paternity in writing. Just try submitting your documents for legitimation first and let me know what the civil registrar’s response is. I hope this helps.

I’ve been to the civil registry office where my child was registered. The problem is they are asking for 3 documents where I have declared my child as my beneficiary. My child’s birth cert was registered late by my wife and during those days we’re not yet in good terms. that’s the reason why she didnt put my name in the birth cert. I tried adding my daughter in my sss and yet they’re not allowing me to add her as my beneficiaries. they require my name in the birth cert. Do you know any other legal documents that allwos to add a beneficiary without my name as the father in the birth cert? The only thing I have is my child’s report card and the only signature that I have is on the fourth grading. I work @ cebu and my wife and daughter leave in Manila. Please advise me on what to do.

Taz: Assuming the child’s mother consents to the use of your surname, you may file an application for your child to use your surname under RA 9255. Just go to the civil registry where your child’s birth certificate was registered and submit all the documents they require of you. If your child was born in Metro Manila, then you will have to go to Manila to apply for RA 9255. The people at the civil registry will provide you the application form and the list of required documents. Once the child is allowed to use your surname in his/her birth certificate, you may proceed with the other processes of adding the child as beneficiary. I hope this helps.

Vicky: The only way the child’s stepfather can let your child use his surname is through a petition for adoption. The child’s biological father must provide his written consent. You may also have to check with the NSO if your previous marriage was really not recorded by obtaining a Certificate of No Marriage at the NSO. I suggest that you approach a lawyer who can assess your situation closely and possibly handle the adoption case in court. I hope this helps.

Dear Atty.
I am very lucky to find this site. I hope you can help me with this since I am unemployed and doesn’t have money to consult a lawyer. I gave birth last 2005. my ex- boyfriend signed the birth certificate in the hospital but I was not able to submit it to NSO. He left for US 2006. We lost communication since then. So i filed for my child’s birth certificate with father N/A. I am now legally married to someone else and my ex-boyfriend(father of my child wanted to acknowledge his daughter so that we can travel to U.S. What do we need to do? I don’t know how to start.. I salute you for helping your fellow Filipinos.Thank you for your time in reading my letter.

Ken: I suggest that you go to the civil registry where your child’s birth certificate was recorded and ask them for the printed forms for RA 9255 or Affidavit allowing illegitimate children to use the surnames of their fathers. The child’s father, however, may be required to appear personally to confirm his acknowledge so please inquire with the civil registrar about this. I hope this helps.

I am so happy that i found this site.
I am married but separated.Now i have live in partner and we have one child.when i was in the hospital i do fill up her live birth but i put blank on the her surname because her father was still out of town for work.But i put his name on the father’s name but no signature yet.Now for a month he come to the hospital but sadly they said that they already forward the live birth to the city hall and they put my surname.My question is ,can we still change her surname to her father surname.Please help me because until now hindi pa xa nabibinyagan.ano po ba ang mga dapat namin gawin.

Violeta: If the child’s birth certificate has already been registered in the appropriate Civil Registry office, then you may apply for RA 9255 allowing the child to use the father’s surname but on the face of the birth certificate, the child’s surname will still show your name. The only difference after applying RA 9255 is that the child’s birth certificate will now show an annotation or typewritten words on the side margin of the document stating that the child has been acknowledged and is allowed to use the father’s surname. I hope this helps.

Dear Atty. My son impregnated his girlfriend before she left for the states and gave birth there. Two months after delivery, she came home and married my son in civil rites and left the boys with us until they’re nearly seven years old now. She told us that she used her surname in the birth certificates because she was not yet legally married to my son and it might jeopardize the travel documents of the twins since she needed waiver and a lot of hassle in order to bring them home.

Their child’s surname was not changed yet to my son’s and right now they’re having marital problems and in the verge of break-up ‘coz she wants a divorce but my son will only consider annulment since they were married here and divorce seemed disadvantageous. She informed my son in one of her emails that she is in-love with somebody else while my son was never unfaithful to her. And she wants to be the one to file for annulment and have “psychological incapacity” as the reason which we know would give my son a bad reputation and my son opposed it. My son wants to be the one to file for annulment here.

She wants to bring their child in the States but my son won’t allow it to happen because it means seeing their child at any time would be so hard. Their child have been staying with us with our son ever since their arrival while their mother is in the States and was only able to come and visit them three times, each time less than two weeks since she left the child with us.

My son wants to change the surname of their child to his surname. Can he do this without her consent? What are the requirements and where do we file it? Where will my son file for annulment and how much does it cost? We pray you can help us regarding this problem. Thank you very much and God bless all your endeavors.

Dear Worried Parents: If the children were born abroad, please try to go to the civil registrar in the city hall of Manila and ask for the requirements for legitimation. The cost for filing the petition for nullity or annulment (depending on the grounds cited) may not be much but the legal fees (the fees of the attorney/s handling the case) may be costly. I suggest that your son consult a family lawyer personally so that all the aspects of his situation can be assessed. His options can include filing a case for legal separation and asking for child custody to secure the presence of the children in the country or at least get an order stating what his limited custody rights are. Taking the first action in court can give him the upper hand as your son may be able to control the proceedings through his lawyer instead of waiting for the child’s mother to surprise them with whatever action she plans to take abroad. I also suggest that he keep the children’s passports with him. I hope this helps.

Mel: If the affidavit of acknowledgment is the one appearing on the back of the child’s birth certificate and the child was born around 2004, then the child’s last name will most likely reflect the father’s surname. If this is your child’s situation, then your child may not use your surname.

Marc Daniel: A child is legitimate only if both parents are married to one another. If they are not married to each other, the passage of time or recognition will not make the child legitimate. It is the fact of marriage of the parents by the time the child was born that makes the child legitimate.

Nagelyn: You may ask for child support out of court by first sending him a letter about it. If he does not respond to your letter, you may ask a lawyer to send him a demand letter. If he still refuses to provide support or communicate with you about it. Your lawyer may go to court and file a petition for child support where the child’s father may challenge you to prove paternity especially since he did not acknowledge paternity on the child’s birth certificate. Paternity testing may be ordered and the father and child biological relationship may be proved that way.

Hi Atty.
May question po ako. My illegitimate daughter is now 2 yrs old. Her biological father and I broke up before she was born. I have a bf now and we are planning to get married. My bf wants my daughter to use his last name. Is that possible? And what is the process? Thanks in advance! Please send reply to my email

Judith: It may be difficult to apply for the use of the father’s surname now that the father is no longer alive. But do try to go to the civil registrar where the child’s birth certificate was recorded and ask them for the requirements if the father is already deceased. They may allow it provided that you are able to show other proof of acknowledgment which the father executed while alive. Often, the civil registrar requires the presence of the father to confirm acknowledgment and his permission to use his surname, so this may become an issue later. But there’s no harm in trying.

Good day atty. I am 4 months pregnant and i am currently married last January 2013 in makati. However I failed to file the marriage contract on time. What are the requirements for filing a late registration? Does this require signature from me and my husband?Does this require personal appearance?My husband is currently on board (seaman) and will be home in November. Another thing is, can my baby use his last name even if the marriage is not yet registered? Would it be better to use my surname and just apply a corrected birth certificate once the marriage is registered? My due date is in september and he wont be around during the time i deliver the baby. Appreciate your help on this! Thank you so much!.

Ben: I suggest that you go to the office of the civil registrar in the Makati City Hall and get a list of the requirements for filing a delayed registration of marriage. They will ask you to submit an affidavit stating the circumstances of your marriage and the reason for the delay. They will investigate the application and post a notice relating to your application for delayed registration and will act on it after they are convinced of the truth of your application. If you are really married to the child’s father, then I suggest that you pursue this and follow it up constantly so that your child can use the father’s surname as a legitimate child upon birth. I hope this helps.

hi atty.
what if the illegitimate child was acknowledged by his father through a public document and because of that, the father’s surname was attached to the child’s name and now the mother now moves for the change of her child’s surname. would the mother have any right to do so?? if not, why is that so?? thank u atty. please send ur response to my email.. Godbless!!

Jayle: Changing the child’s surname back to the mother’s surname may require a petition in court unless there was an obvious mistake in the registration of the child’s birth certificate or in approving the use of the father’s surname. But a mere change of heart after previously allowing the child to follow the father’s surname may not be enough grounds for changing the child’s surname to follow the mother’s last name. Please note that this opinion is based on the details as stated and may change depending on the actual circumstances of the situation.

after 46 years of my boyfriend existence he found out that he has no record at LCR in his municipality and no NSO record too but he used his father’s surname in all his records since from the very beginning. his mother used joint affidavit in getting his philippine passport. and he moved in to australia when he was 14 years old and he got his australian citizenship after 2 years. and now, we are planning to get married here and one of the requirements is live birth and this is the problem now because even if he will apply for late registration (sana) however, his parents are not married and he don’t know his father since from the very beginning of time and they don’t know where he is and if he is still alive. his father is an american citizen but her mother don’t have any communication with him even before he was born.

Eva: If he was born in the Philippines and in a hospital, he must have a birth certificate and it may be registered under a different last name, which is why it may seem that he does not have a birth record. A birth certificate is a basic requirement for children to attend school, obtain a passport, register a Tax identification number, etc…in other words, for him to function regularly in society. Assuming there really is no record of birth, his parents were not married and his father has passed away, then his mother should file a delayed registration of birth using her surname, not the father’s surname. If the civil registrar in the place where he was born approves the delayed registration, then he may proceed with a petition to change his surname filed in court, using as a ground that he has been using the surname of his biological father since birth, has been known under such name and continues to use that name to this day.

Florida: Take a look at your son’s birth certificate and determine where it was registered. Go to the civil registry where it was recorded and ask for a list of requirements from them. It will include an affidavit allowing the child to use the father’s surname (AUSF) and other documents. I hope this helps.

Florida: Take a look at your child’s birth certificate, the upper portion will indicate the civil registry office where it was registered or recorded. Go to that office and ask for their list of requirements; they will also have a blank form for the affidavit that the child’s father can fill out.

Hello Atty, my son’s father want his name used instead of my last name. he signed the consent at the back of my sons’ birth certificate. My child is using my last name currently. i read some of your responses above that I can process the Affidavit allowing illegitimate children to use the surnames of their fathers and hold on to it until the right age of my son to decide. For how long it will be valid to keep? my son is just 3 yrs old now. I also wanted to know how can we process the affidavit, father of my son is currently in Dubai. does he needs to go to philippine consulate to process it? last question, when i filled out the birth certificate of my son, i placed my last name and middle name as well. So now it looks like were siblings. Is that okay or it will cause problem?

WarriorMomForSon: Your son’s birth certificate should not bear a middle name– I suggest that you go to the civil registry where the birth certificate was registered and ask them for the requirements for petition for change of entry. Just keep all proof of acknowledgment of paternity now, such as the affidavit, income tax return showing your son as a dependent of the father, SSS registration showing the child as a beneficiary and other statements to this effect. If your son later decides to use his father’s surname, he may bring all these documents to the civil registrar BUT the father’s presence may be required to confirm his consent. The affidavit, if executed abroad, must also be authenticated at the Philippine embassy nearest his place.

hello atty…I get pregnant with an American guy in a foreign country and give birth to our son in Pinas. the hospital staff will not release the birth certificate of my son unless my ex bf or father of my child will be there physically present to sign the docs. but since he’s not here in the phils. i opted to sign the docs bearing my name to be use by my son so he got no middle name…now my ex bf wanted to use his name for my son but cant come to d country to physically sign docs…what docs would i send 2 him so my son could use now his father’s name?since he is a foreigner
are the requirements still the same?

Jane: I suggest that you let the American father go to the Philippine embassy or consular office nearest his place of residence and ask for a Paternity Acknowledgment form for RA 9255. He can execute it there and then send it to you for possible registration in the civil registry where your child’s birth certificate was recorded. Bear in mind though that the civil registrar may still require his physical presence in order to approve your application for RA 9255.

Reychelle: Just go to the civil registry office where your birth certificate was recorded and ask them for a list of documents to submit for RA 9255. You may have to let your father sign an affidavit again and the civil registrar may require his physical presence in order to process the application for RA 9255.

Hi attorney!
I am 8mos pregnant and will be due next month. my partner and I wants to use his surname for our daughter. We are not yet married, what requirements do we need to comply since he is currently working in Canada and I am here in the Philippines? How long is the processing of birth certificate? Will it be process without his signature of acknowledgment of paternity? Thanks and God bless!

Benlyn: If your child’s father is not around to sign the birth certificate then you may still register your child’s birth certificate WITHOUT stating the father’s name or writing “unknown” in the space provided for the father’s name. The child’s surname will follow your surname and will not carry a middle name. After the child’s birth, the child’s father may execute an affidavit allowing the child to use his surname under RA 9255. He has to go to the Philippine embassy or consular office nearest his place of residence or work and fill out and sign the affidavit and then have it notarized and authenticated in the embassy. When he sends you that document you may go to the civil registry in Manila and apply for RA 9255 using the affidavit executed by the father. I hope this helps. Have a safe delivery.

I’m currently pregnant, but the father of my child is married and is living with his wife in the UAE. I’ve decided that my son will use my surname and not his father’s to avoid future legal problems, since we are not the legitimate family and his wife is clueless about our relationship and my current situation. But the father wants to acknowledge our son by submitting a notarized affidavit to admit that he is the biological father. I do not have any disagreements with that since it is what I want as well.

My parents and the rest of my family members are against the idea of him acknowledging our son, for the fear that the wife might use him against me legally. In fact, they do not want our son to know him, which of course, I disagreed to because I believe it is both the right of the child and the father to know each other if they want to. I am not seeking financial support, but he willingly provides as much as he can. All that I am after is that he acknowledges our son which is also what he wants to do.

Upon reading the facts stated above, here are the concerns/questions I have that I hope you’d be able to advise me on:

1. I’m clueless on how the whole birth registry process goes. Should he send the affidavit before I give birth or after I give birth? Can you also explain the process briefly so I know what to expect once I file for my son’s registration?
2. In the case that the wife finds out about our son’s existence, would the birth certificate be an object that can be used against us legally? Can she even get a hold of that?
3. I am currently under my father’s sponsorship in the UAE, and he wants to sponsor my son as well. But I believe that in order for my child to travel, the biological father needs to sign a waiver. In that case, my parents have decided to legally adopt my son so that there wouldn’t be a need for the biological father’s signature and that he would be considered legitimate. I disagreed with this option. But my parents insisted that it will only be on legal papers. Is there another option aside from these two?

I sincerely apologize for the length of this message. I hope that you’d be able to help me clear my mind regarding the matter. I really don’t know exactly what to do. All I know is that I want to decide on the basis that it will be the best for my son.

I would really appreciate your reply in email. As early as now, I would like to thank you for taking your time to read this! I look forward to hearing from you soon.

ConfusedSingleMom:
1. If your goal is not to let the child carry the father’s surname, then I suggest that you don’t let him sign any acknowledgment on the birth certificate nor any affidavit IN THE MEANTIME. Let the child decide when he is of age what surname he wishes to carry. It is easy to let the child upon birth use the father’s surname but it will take a longer and more expensive process to revert back to your maiden surname. Considering the complicated situation you are in right now, it may be best to avoid any acknowledgment on paper.

2. The acknowledgment of paternity may be proof of his illicit relationship and it may one day be used against him.
3. If your child’s birth certificate does not state his father’s name or has the word “UNKNOWN” in place of the father’s name, then you will not need the biological father’s consent later for him to migrate or obtain other visas. Adoption may not be the solution now because life still goes on for you and your child– who knows? You might meet someone else who is willing to build a complete family for you and your child. Let that future husband have the option of adopting your child without any problem that a paternity acknowledgment or “adoption for convenience” may bring.

THIS IS REGARDING MY QUESTION YESTERDAY MAY 15 2013..(YESTERDAY)
WHAT IF MY DAUGHTER’S DAD DIES
THE FACT THAT HE DIDNT MANAGE TO
PUT MY DAUGHTER’S NAME TO BE HIS BENEFICIARY
CAN WE STILL CLAIM ANY FROM HIS BENEFITS FROM GSIS
LATER ON ? MY DAUGHTER IS AN ILLEGITIMATE
SHE’S USING HER DAD’S LAST NAME /
HE SIGNED THE BIRTH CERT OF MY DAUGHTER TOGETHER
WITH THE AFFIDAVIT OF AKNOWLEDGEMENT ..
WHAT WILL I DO..HE DOESNT WANT TO SUPPORT MY DAUGHTER
HE WOULD ALWAYS SAY “WALA AKONG PERA RETIRED NA AKO SA AFP”
I MANAGED TO ASK A HELP FROM PAO BUT THEY REFUSED TO HELP ME
AS PER THE PAO I HAVE A JOB. THEY TOLD ME THAT THEY ONLY HELP
INDIGENT PEOPLE..BUT LOOK IM SUFFERRING ENOUGH FROM FINANCIAL
MATTER ..MY SALARY IS NOT ENOUGH TO PROVIDE MY
DAUGHTER’S NECESSITY .AND THE FATHER OF MY CHILD AND I ARE NOT
IN GOOD TERMS . CAN YOU HELP ME ?

Monique: For obvious reasons, an answer to your question about qualifying for survivorship benefits (GSIS) is premature right now considering that the child’s father is still alive. Your daughter may still be able to claim from her father’s death benefits someday– assuming that she is still below 18 at the time of his passing. The child’s father may be retired but it is possible that he has other sources of funds such as a business or other income-generating activity. I suggest that you approach a lawyer who practices near your place and who handles support cases. You’ll only know whether your salary can accommodate the lawyer’s fees if you ask about it. Try asking how much the lawyer would charge for consultation and sending a demand letter first. There are some things worth fighting for in court and this might mean saving up for the filing fees and negotiating a payment agreement with the lawyer. If the child’s father really cannot provide, then your lawyer may suggest other legal courses of action such as asking the adult half siblings for support.

HI GOOD DAY ATTY !! WE’RE DONE WITH THE DEMAND LETTER MATTER .. I’VE CONSULTED aN ATTY LAST FEB AND SENT to MY BABY’S FATHER A DEMAND LETTER .. BUT NOTHING HAPPENED SAME OLD STORY HE JUST IGNORED IT .
MY MAIN GOAL HERE IS JUST FOR MY BABY’S FUTURE
IS IT STILLPOSSIBLE IF I WANT MY DAUGHTER TO BE ADDED
ON HIS BENEFICIARY FROM GSIS EVEN HE’S ALREADY RETIRED ??
CAN I REQUEST TO HIM ( BABY’S FATHER) =GOD SPEED – MAE.ALCANTARA

Monique/Mae : Adding someone as a beneficiary is the prerogative of the father. He is not obliged to name the illegitimate child as his beneficiary although the child may still be able to claim survivorship benefits in case the father passes away, provided that the child can show proof of relationship, is under 18 at the time of the claim and the number of beneficiaries do not exceed the maximum allowed by the GSIS.

Good evening.. What if the father in the birhtcertificate is not the biological father with out him knowing.. After 6 years he found out that he is not the father.. Can he remove his name on the name of the child and can he file charges on the mother of the child.? Thank you..

ask ko lang po my children use my surname because where not married…the after 2 years they use the name of there father petition…what if ayoko na ipagamit ang name ng father kahit kelan ….kase hindi naman po nababago ang birth certificate ..akin pa din ng appear ngkaron lang ng annotation that they can use the name of the father..please reply i really need your good advice thank you and more power..

Chelle: From your question it appears that your children were allowed to use their father’s surname under RA 9255. In which case, they may only be able to change their surnames again through a petition filed in court. However, the court may not readily grant a petition for change of surname considering that they are still minors and the court may let the children decide what surname to use when they are at least 18 years old. I hope this helps.

Good day atty, I would just like to hear an opinion or suggestion. Today, as an illegitimate son, I’m using my mother’s middle name and surname ( which makes our name sounds like we’re brothers/sisters) as indicated in my NSO birth certificate, which must be corrected. Which is the most easiest and/or practical and/or economical to do, given that I should fix my name in less than two months for my board exam: Should my father acknowledge me even if he didn’t act as my father throughout my life? Or should I just erase my middle name? What are the processes for both options? Should I go through a court hearing? My priority is the faster process. Thanks!

Jeremy: Even if your father executes a paternity acknowledgment under RA 9255, you’ll still have to change the entry of your birth certificate to remove the middle name of your mother. I suggest that you apply for the correction of the middle name only because I assume that all your other documents– baptismal, school records, etc. are under your mother’s surname. If you change your surname now, you’ll have to change all the rest as well. But if you really intend to carry your father’s surname in the future, then it is worth taking those additional steps at the soonest time. I hope this helps.

Rose: Just remind the father about the monthly support and ask how he intends to send support when he is abroad. Open a savings account in the name of the child and give the account number to the child’s father to make it easy for him to send money every month. Sometimes, it’s not that the fathers don’t want to provide, it’s just that some men don’t like to be harassed or threatened all the time with lawsuit when they have been helping out in the first place (as is the case with your child’s father).

Atty, I read the part with your conversation with Isu about having to file a petition for a change of surname in court. Which court? and where do we start? do we need a lawyer? how do we go about doing that? and how expensive would this endeavor be?

Jelo: You’ll need a lawyer to help you file the petition for change of surname– this will include all other details such as the appropriate court, the pleadings (or court documents) that you need to submit, the publication requirements, etc. The procedure will most likely cost much more than a mere petition in the civil registrar’s office (which is between 1k to 2K) and can reach at least 30K for the legal fees, publication, etc. Legal fees can vary, so I suggest that you ask friends, family and co-workers for possible referrals.

also filing a petition for a change of the full name, can that be done? because my situation is my son is named after him as the 3rd. for the best interest of the child and for us both in the future it would be best to change the whole name.

Jelo: You can try to change his full name through the petition filed in court but you must cite very good reasons to justify the change which may or may not be granted; it is up to the judge. If your reason is to remove any trace of the father’s name, the judge may decide against the change of name and let it be the child’s choice when he/she is at least 18 years old.

hello atty.. i just want to ask what are the benefits that my child could avail if i will let his father to carry his surname? i am confuse and i do not have idea if what is the right thing to do… we are not married coz it happened that he is is married to other all i want is to secure my childs future… pls help me.. thanks

Good day atty! I have a few questions and I hope it’s okay if I just paste what I wrote in another legal forum.

I am a father of a 3-yo daughter. She is living with me and I am responsible for everything, so I guess I’m like a single parent. The mother of my child and I aren’t really in good terms but she has no choice about this arrangement because she’s still in school. The thing is, she doesn’t even text, call or visit anymore, even just for the sake of her kid and she is aggressive towards me if I’m the one who tries to initiate a conversation. Now I have enrolled my daughter for nursery school and one of the requirements is a birth certificate. Unfortunately, I am not in the birth certificate as I was not present during delivery (but I was able to go 2 days afterwards; birth was in Bicol, I was in Quezon City for work and had to secure the necessary leave passes that’s why I was late). I have already given her the documents to have me recognized as the father in the birth certificate a couple of years ago, but since she is such a warfreak and is selfish she did not submit the documents. I have appealed to the mother’s mom about this and she said that she will be the one to submit the documents, but that I have to give her new ones because the previous ones may have been lost already.

My question is, what are the necessary documents that I need for this? Can I get them even if I’m now in Leyte, and my daughter was born in Bicol?

Also, I remember the first time we asked the civil registrar about this, he mentioned that the process would cost P4,000+, but you mentioned that it would only cost P1,000. So how much will I really be paying?

Christian: You’ll need to prepare an Affidavit allowing the child to use your surname (https://www.box.com/shared/uoitb92tge), fill out the application form provided by the corresponding Civil Registry office, submit NSO copies of the birth certificate and pay the filing fee. The amount of the filing fee is set by the Civil Registry office where the child’s birth certificate is recorded although from experience, the usual charge is between 1k to 2k. You’ll have to direct your inquiry to the appropriate civil registry office for the exact amount involved. Be prepared to appear before the civil registrar also, as in many cases, the civil registrar may require the physical appearance of the child’s father to confirm the details of the application. I hope this helps.

Thank you for the prompt reply! Won’t I need the affidavit to acknowledge paternity? What about photocopies of a valid ID and other related documents? And with regards to the application form, is it the same for every Civil Registry Office or do I have to get the one specifically from Bicol?

Christian: Please view an earlier article I wrote on RA 9255. https://legalcounseling.wordpress.com/2010/11/01/letting-illegitimate-child-use-fathers-surname-ra-9255/ The basic documents are AUSF, application form and NSO copy of the birth certificate but I noticed that some civil registry offices require other documents to justify their approval of the application. Best to ask them ahead of time. The civil registrar will also most likely require you to present a photo bearing ID with signature and your personal appearance. The form is obtained at the civil registry office where the child’s birth certificate is recorded. If you can have someone in Bicol go there first and get a list of requirements, that would be better.

Okay, thanks! Apologies for not checking if your post had the answers to my question already. About the ID, does it have to be the original ID or could I send a photocopy? I’m asking this because I might not be able to go to the CRO personally (the mother of my daughter’s mother will be the one to submit the documents) as plane tickets aren’t cheap but if they’ll request my appearance then I guess I don’t have a choice.

Christian: Ordinarily, they will compare the original ID with the photocopy that you will submit or show. Let your contact in Bicol ask them as well if they will require personal appearance or will accept your ID in lieu of personal appearance.

A pleasant afternoon po. I am currently 7 1/2 months pregnant and not married to the father of the child I’m carrying. I’d like to ask how I’ll be able to get child support when I cannot even communicate properly with the father of my would-be child? He was physically present and financially supportive during the second trimester, but was gone for the third. He only verbally acknowledged the child, and no matter how much I’d try to convince him to be at our baby’s birth and/or to sign the birth certificate, he refuses to give me any response. Moreover, his job entails a lot of travelling from Manila and in a province in Visayas, and sometimes, during his days off, he goes home to his hometown which is in another Luzon province. This means, I cannot go after him easily. He did, however, told me that he will support the child (also verbally). His main reason why he avoids going to our province is for the fear of “pikot” and his false accusations that his life might be threatened, without any proof. My father has been diplomatic towards him. Although my father has expressed his desire of me being married, he isn’t enforcing it to him and had been very peaceful. How can we prove to him this fact?

Maxene: Right now, I can’t suggest taking any action yet towards seeking support because the child is not yet born. It’s important that he acknowledges paternity of the child upon or after birth because support depends on the relationship between the two. Just wait for the child’s birth and try not to worry about anything yet because this might affect the outcome of childbirth. For all we know, he may step up to his responsibility voluntarily for as long as you avoid negative type of communication with him in the meantime. Certainly, he is feeling the pressure because he “imagines” being in danger or fears he will be forced to marry you under the circumstances. Any negative talk right now will just push him further away. Just send him a simple message announcing the birth of your child when the time comes and wait for him to take on the responsibility. It’s when he will refuse to provide support after the child is born that you will definitely need a lawyer to take concrete steps against him.

Thank you, Atty! Is there a percentage of his net income that he is obligated to pay? What concrete steps can I take against him? Can he still sign the birth certificate even after it has been processed? Or could I process the birth certificate later?

Maxene: There is no fixed formula for computing the father’s obligation to support. The amount is based on the needs of the child and the financial capacity of the father. Both parents are also obliged to share in the support. Ordinarily, the child’s monthly expenses are estimated and the parents discuss and agree on how much each will share in the monthly amount. AS I mentioned previously, right now, there is no right of action yet because the child is not yet born. If he wants to acknowledge the paternity of the child, then it’s best that he signs the birth certificate BEFORE it is submitted to the hospital/civil registrar. After the birth certificate is registered, he may still acknowledge paternity but NOT on the birth certificate, and the child’s birth certificate will contain an annotation or side comment printed on the margin of the birth certificate stating that he/she has been acknowledged and allowed to use the father’s surname– the child’s BIRTH CERTIFICATE in this situation will still bear the mother’s surname. If you process the birth certificate later, it may already fall under delayed registration of birth. Have you thought about whether you really want this person to appear as the child’s father in the birth certificate? You could get married someday and be free of this person who does not seem to want to have anything to do with your child at this stage. Having his name on the birth certificate can make that possibility difficult later on.

Violeta: Thank you po for your quick reply atty.I just one more question. Was the hospital has right to put my surname with out my permission? And would it takes time to process it?and how much it cost?

Violeta: The hospital was correct in putting your surname because that is the rule for illegitimate children whose birth certificates are not acknowledged by the father. Applying for RA 9255 will take one to two weeks as long as you submit all the required documents. The filing fee is between 1k to 2K. You’ll have to go to the civil registry office where the birth certificate was recorded and ask for the details for filing and get an application form.

paano po kapag matagal na po pala patay ung father tapos po ngaun ko lang po nalaman kasi I born out of wedlock and I search them and I found my mother but my father is dead.
Now my question is How can he fill up the Affidavit form??

May tanong lang po ako. Kasi yung Birth Certificate ko po “blank” name ang complete fathers name so thats why i am using my mothers name. How possible can i change my last name? My mother and father wants me to use my fathers name in legal way. Hope you can give me some suggestions. I can discuss it further more but i think i cannot reveal it on public. Thanks for the time and consideration

Emmanuel: If you are at least 18 years old, you can go to the civil registry office where your birth certificate was registered. Check your birth certificate, on the top portion, you will see the name of the city/municipality where it was registered. Get an application form for RA 9255 from the Civil Registrar’s office and follow the steps (they will provide a detailed list of documents and process). For additional information, please read the article on “Letting Illegitimate Children use their Father’s Surnames” here. https://legalcounseling.wordpress.com/2010/11/01/letting-illegitimate-child-use-fathers-surname-ra-9255/

My 16-year-old niece is currently on her 4th month of pregnancy. When the child is born this coming November, she intends to have her 17-year-old boyfriend do an Acknowledgment of Paternity on the back side of the birth certificate. But, she said she wants her child to have her lastname.

My questions are:

1. Is her plan possible considering Philippine Laws?
2. What are the legal rights of the father as far as his paternity to the child is concerned — with or without the AOP signed?
3. My niece, she said, plans to go abroad when she finishes the university. If this happens and one day she would need to petition her child abroad, will this acknowledgment result to certain binding legal impediments such as right to contest migration, need for father’s consent, etc. ? Also, when she goes abroad initially without her child and to be left with her parents pending immigration petition, would the father have the right for the minor child’s custody?
4. As of the moment, her parents have no plans of demanding financial or material support from the parents of the 17-year-old neither from this young man when he becomes an adult. However, given the necessity of circumstances one day, with the situation described above, will my niece be able to solicit for her child certain assistance or support from her child’s father? How about on aspects of inheritance?

Thank you for any information you may be able to extend to me being her uncle who is after the best interest of the incoming grandchild.

Dear Atty,
Please help me. I am an illegitimate child born in 1980. My father was the one who registered me for my Birth Certificate and I am using his Surname. He has been dead for almost 30 years now and I am currently applying for a visa and the embassy was asking me to present an Acknowledgement of Paternity. What shall I do?

Marites: Please check the back of your birth certificate. Your father may have signed the paternity acknowledgment. If not, try looking for his SSS/GSIS records– he may have listed you as a child under the beneficiaries. You can also try looking at his Income Tax Returns before he passed away– there is also a portion where he must list his dependents.

I have one thing to clarify. My son when the time he was born, his father is the one who registered under his surname but we are not married. I don’t know what other documents that his father signed during registration. Only on the same day, his father gave me the copy of Birth Certificate of my son with signature accepting that his father. Is it possible that the local registrar that time ask some written or public documents signed by the father of my son before they accept the name of my son using his surname as required by Republic Act No 9255? How can be sure that there is signed documents during registration?

Ronic: It’s possible that he only signed the back of the child’s birth certificate. A document acknowledging paternity and affidavit allowing the child to use the father’s surname is only required for birth certificates that have been registered under the mother’s surname. Under the second scenario, the birth certificate will still bear the mother’s surname BUT WILL carry an annotation at the side margin stating that the father acknowledged paternity and allowed the child to use his surname.

On time of registration, he registered the name name if the newly born child under his surname out of wedlock. The local civil registrar accept this registration. Is it possible that the father did the required documents on that time. The civil registrar did nit accept the registration if it is not follow the laws, am i right?

Ronic: It is possible that he only submitted the signed birth certificate, because there is no need to submit a separate document acknowledging paternity or allowing the child to use his surname if the father already acknowledged the child on the back of the birth certificate.

Mark: It’s because she most likely used her married surname in the birth certificate and the accompanying documents may have shown her status as married. A Supreme Court ruling kasi said that children born of women who were still legally married to their spouses are PRESUMED to be legitimate children of that marriage. While I see the problem with this rule, it still is the prevailing doctrine that many civil registrars most likely observe especially if they are aware that the mother of the child is legally married. The remedy is for the ex husband to impugn the legitimacy of the child in a court case so that the name appearing in his birth certificate may be corrected. I also suggest that your partner consider dissolving her marriage in order to avoid similar issues in the future.

Hi Atty,
I have this complicated situation. It was 1997, when I got pregnant with my eldest son. I was 20 that time, when my parents forced me to marry the father of my eldest son (father A). Just because my parents don’t want to have an illegitimate grandson. So, i was obliged to be lived with Father A, that lasted for 1 year because he has been domestically battered to the point of almost killing me and my son. That’s the time, that i decided to call it quits. We seperated without any closure. I went to Manila, and worked hard to support my son. 2001, i met this guy, who wholeheartedly accepted me and treated my son as his own. We lived together, it was 2002 when, i bore my 2nd child (girl). After 1 1/2 year, we got married in civil wedding. 2005, our rented apartment razed by fire, all our belongings and documents were burned. Until our daughter enter schooling, that we found out that her birth certificate was not registered in local registrar. So, my hubby, immediately process the birth certificate of our daughter. The registrar told us to execute affividavit of legitimation and late registration and other documents. Until we, forgot whereabouts of her BC because my husband was diagnosed of lukemia and we’re so busy attending on his laboratories and medications. Last month, he passed away. We’ve shared 12 blissful years together. He left the unfinished processing of late registration of our daughter’s BC.
As of writing, I found out that there’s a conflict on the registration of my daughter’s BC. The NSO mailed me and said that I have to file a petition for the cancellation to cancel the annotation of legitimation and registered affidavit of legitimation, throught court. Citing that i have an existing marriage with father A.
Atty, please help me, I’m very, very confused and up to now I’m still grieving. Do i have to file new BC using the surname of my husband? (As of now, it doesn’t matter to me, if she is legitimate or not, as long as she can use her father’s surname) Or do i have to execute an affidavit for the cancellation? (Which is the easiest way)Though, my husband’s intention of legitimation is pure. As a father he wanted to give her daughter the rights that is intended to her and be recognized as his legitimate daughter. I don’t want to deprived my daughter the right to carry her father’s surname. Though, my husband and i signed the affidavit of acknowledgment/admission of paternity on the BC that was forwarded to NSO.
I want to move on, correct my mistakes, so that my children will not blame me for my wrongdoings and carelessness. I’m hoping for support. Thank you so much

Shiela Mae: If the biological father is still alive, then the illegitimate son must first try to get a written, signed and notarized acknowledgment of paternity from his father and then follow the process of RA 9255.

Mhaya: He may have to wait for the child to be born first and then the copy of the birth certificate be sent to him abroad for his signature. He may ask the nearest Philippine embassy abroad if they can authenticate the affidavit of paternity or his signature on the back of the child’s birth certificate. If not, then you may have to consider delayed registration so that he can sign it when he returns.

hello atty! i am in a very complicated situation. i have a 10 yr old illegitimate child who is registered under my father’s name, so we became sisters. (to enable my father to bring my daughter with us overseas and granted a visa to stay with us in that country). now that im 4 yrs married my husband would like my illegitimate child to have same surname as his. how can we go about this? i know i have also a birth certificate of my daughter under my name and was registered at our local municipal where i gave birth.

Riabeef: In the Philippines, a person can only have one valid birth certificate. This is the one maintained in the NSO. To know which version is properly stored in the NSO’s database, I suggest that you get a NSO copy of the child’s birth certificate and see which one will be released. For all legal purposes, the NSO issued birth certificate is the proper document. From there, you will be able to determine your next steps. You may consider adoption if it applies to your situation.

I am 20 years old and i have a sister who is 6 years old, we both have the surname of our mother, now my father and mother asked me if i wanted to use the surname of my father because he wants to acknowledge me as his son but i refused and decided to stick with my surname because i’m already 20 years old and i have established an identity for myself. The problem here is that my father filed already to change my sister’s surname but the civil registrar included me and changed my surname. I don’t want this atty. The reason why i want to become a lawyer is because of my mother’s surname. Can you please help me? what do i do? please reply ASAP i need your help. Thank you and god bless!

Christian: If you don’t want to use your father’s surname, then you should not sign the application for RA 9255, unless of course, you have been legitimated in the meantime, in which case, you don’t have a choice but to follow your father’s surname.

I’m not sure if I already have a similar situation above but I’d like to ask about my case. I am 30 yrs old now and I never met my father. He is Greek and I’m not sure if he’s still alive (since he is around 75-80 yrs old now). My mother lost our last piece of contact info when I was very young. He left Manila when my mother was 1 month pregnant with me and we didn’t hear from him since. By the way, they’re not married.

I know the new law requires an acknowledgement from the father but I would like to explore my options without it. I still want to use his last name because it is only in my Birth Certificate where I’m carrying my mother’s last name. Everything from Baptismal Cert to all educational and employment documents and identification, I have his last name and that’s what I used ever since. Is there any other way I can have my Birth Certificate get changed to use his last name?

Alex: I’m afraid that with your father’s demise, it may be difficult to apply for RA 9255 (law allowing you to use your father’s surname). If you want all your documents to be consistent, your reference point is always the birth certificate. All other documents such as your passport, employment info, etc. must conform to your birth certificate.

Good day Attorney.
I am currently pregnant and expecting to give birth to a daughter in a few weeks. I have concerns regarding the name of my baby since her father and I are not yet married.
1. Is it permissible that my baby use my surname instead of her father’s? As I understand it, my daughter’s middle name will have to be left blank.
2. If and when my BF get married can my daughter then use his surname? Will we need to file petition/affidavit for this?

Lisa: 1. Yes, your baby may use your surname in her birth certificate– just leave the father’s name blank and don’t let him sign the acknowledgment portion at the back of the birth certificate. If you name the child’s father and he signs the back portion of the birth certificate, the civil registrar may record the father’s surname as the child’s last name. So, be careful about this.
2. If you do get married to the child’s father after she is born, assuming that you nor the father is married right now, then she may be legitimated through a simple administrative process at the civil registrar’s office. The marriage certificate and other supporting documents will most likely be enough for legitimation. And she may be allowed to use his surname then.

Thank you for Atty for the reply.
I have a followup question. Can I write the name of my baby’s father and let him sign the back portion of the BC and still opt to use MY surname as my daughter’s surname as well? Or does it follow that recognizing the father means automatic use of his name? Doesn’t the mother have a choice?

Lisa: The civil registrar nowadays AUTOMATICALLY apply RA 9255 whenever they see a paternity acknowledgment at the back of the birth certificate. This means that even if your only intention is for the father to acknowledge but not for the child to bear his surname, the civil registry office will still print the father’s surname on the birth certificate.

Dear Atty ,
My girlfriend is pregnant and shedule to give birth by next few months. I and my girlfriend still looking for alternative to how could we use my surname to our baby . I am in saudi arabia(working) and she was in philippines . We are not yet married .

Roldan: Surely you plan on visiting your newborn baby and the mother soon? While I don’t advise anyone to delay the registration of the birth certificate, some OFWs have done it that way because the fathers were abroad at the time of the child’s birth. Another option is to have the child registered using the mother’s surname and then applying for RA 9255 when you return. Under RA 9255, the child will not be issued a new birth certificate but an annotation or printed words will appear on the side margin of the birth certificate stating that the child is allowed to use the father’s surname. I hope this helps.

Hi Atty!
What is the best way to legitimate of birth certificate for my child.. My husband is in the US. Were applying for passport but my daughter they didnt have her passport because of her birthcertificate.. Because my husband and i were not yet married before i gave birth, but my husband acknowledge my child.. She use her father’s surname. But she cant apply for her passport. They advised me to file for affidavit of legitimacy of birthcertificate of my child. Wat will we do, my husband is in the US. Thank you..

Vanessa: Go to the civil registry where the child’s birth certificate is recorded. Get the list of documents they require for legitimation and have a lawyer prepare any affidavit that the child’s father must sign. Let the child’s father print it abroad and sign it. After signing, let the father proceed with notarizing it abroad and getting it authenticated in the nearest Philippine embassy. Once notarized and authenticated, he can send the documents back to you for you to present along with ALL the other documentary requirements for legitimation. I hope this helps.

Hi Atty!
How come my child cant get a passport, because of her birthcertificate, were not married before i give birth to her, but my husband acknowledged her at the back of her BC. And she even use my husbands surname. They told me to file for affidavit of legitimacy of birth certificate.. The problem is my husband is in the US. Wat will we do. Thank you!

Bunny: Just go to the civil registry office where your child’s birth certificate was recorded and ask for the list of requirements for legitimation. If they require your husband’s signature on an affidavit, you may send him a soft copy (electronic copy) of the prepared affidavit which he can print and sign abroad. PLEASE NOTE: that after signing the document, your husband should have it notarized and authenticated in the nearest Philippine embassy abroad. Once signed, notarized and authenticated, he may then send the affidavit or other required document to you in the Philippines. From there, proceed with legitimation at the Civil Registrar’s office and get the annotated birth certificate after a few weeks. The amended birth certificate may then be used for getting a passport. I hope this helps.

i have a problem with my birth certificate..yung NSO po hindi nila nilalagay sa birth cert ko yung affidavit of paternity ng father ko (typing infront that im legitimated by subsequent marriage of my parents)..we have submitted all the necessary papers like affidavit of paternity, joint affidavit of my parents, gsis beneficiary list, etc..pero hinahanapan po nila kame ng Report card with my father’s signature, the problem is mother ko ang naka pirma lagi..my father is already deceased since 1994..we have spent alot of money already for the processing and going back and forth to nso and city hall..i cant apply for passport for work abroad..thank you in advance for the advice mam..

Angelin: I suggest that you ask the civil registrar what other documents instead of the report card may you be able to submit to them. Write the NSO formally stating that you have submitted all the documents you already mentioned and request for a formal reply to your letter stating why they cannot grant your request for the annotation on legitimation. Make two copies of the letter, leave one copy with the NSO and have another copy of the letter stamped “Received” and signed by the NSO rep. I hope this helps.

i have an illegitimate child whose using my last name and middle name. i did not acknowledge her father. now i am married but not with the biological father of my child. me and my husband wanted to change the surname of my illegitimate child. my child now who is 7 years old wanted to have her surname change to the surname of my husband. how can we change it? do we need to have a lawyer? what is the due process for this one? will it take long?

Hyacinth: You and your husband may adopt your illegitimate child. Adoption will allow her to use your husband’s surname and enjoy all rights as a legitimate child as well. You’ll need a lawyer to help you through the process including a court petition.

I’m 23 years old. My father is an arab national and my mother is a filipina. They are not married. My mom doesnt really care if she and my father get married or not. They are still together. Me and my siblings carry my mother’s middle and last name. I was born on 1990. And father is blank in my NSO bc. I would like to change my last name and use my father’s. I also would like to put his name on my BC. He is wiling to sign anything to make it legal. Could you help me out? What shoulhi do first? What do i need to make this happen? Is my father’s presence required? I can send the papers to where he is so he can sign them. What are the documents he needs to sign and what are the requirements? Could i file this on my own?

Lara: Yes, you may avail of RA 9255 by filing the application yourself. I suggest that you take a look at your birth certificate and see where it was registered. The location of the civil registry is usually indicated at the top right margin of the birth certificate. Go there and ask for the list of requirements for RA 9255. They may hand you an application form and list of requirements. Just go over them and fill out the form. Ask your dad to complete the affidavit allowing you to use his surname and get it notarized and consularized abroad. Submit those to the civil registrar and wait for their instructions. I hope this helps.

Crisel: Your son’s passport application must follow the complete name (first, middle and last names) as it appears in the NSO birth certificate. The DFA will not process a different name because they will refer to the birth certificate in all cases. I hope this helps.

Good day atty! I would like to ask if I could use my father’s surname but my father is deceased, and what are the requirements if possible? I am 21 years old. I am using an NSO birth certificate, having no back page of affidavit of acknowledgment. but in the front page I am using my mother’s surname and middle name and stated there illegitimate, “NOT MARRIED” but with my father filled up with his signature.

isteve: I’m sorry but it may not be possible to apply for RA 9255 if your father is already deceased since one of the requirements is the submission of the Affidavit allowing the child to use the father’s surname which must be signed by your father. Also, in many instances, the Civil Registrar has required the personal appearance of the child’s father to confirm the application. If you have other documents showing that your father has acknowledged you in writing, then I suggest that you go to the civil registry office where your birth certificate was recorded and show them what you have. Ask them again if they can process your application using whatever documents you have.

My 20yr old nephew will be a father soon. They’re not yet married and his girlfriend’s mom consulted a lawyer about who’s surname should be used. We were told that it is easier to use the mother’s last name but my nephew’s name will be placed under the father’s name. I havent seen yet a copy of hospital Birth Certificate so we have no idea what else should be filled up and how?? What are the implications of the baby using the mothers last name? Even if it was acknowledged by the father, is the baby still illegitimate? If in the future, my nephew and his girlfriend decided to get married, will it be easy to change the lastname of the baby?

Jewelblossoms: Acknowledgment of a child when the parents are unmarried to one another will NOT Make him legitimate– the child remains illegitimate. Marriage of the parents may later make him Legitimated, provided THAT THE PARENTS WERE LEGALLY SINGLE at the time of his birth. The process of legitimation and changing the child’s surname later is a simple one– although the civil registrar will NOT issue a new birth certificate. The birth certificate, in cases of legitimation, will just carry an annotation to that effect. On the implications of using mother’s or father’s surname, please read my article on “Some factors to consider when choosing surname of your illegitimate child” here…https://legalcounseling.wordpress.com/2013/05/27/factors-to-consider-when-choosing-surname-of-illegitimate-child/ I hope this helps.

I am 7 mos pregnant, not married to the father of my child. I plan to go abroad two years from now with my child. Now I am torn between registering the baby under my last name or my partner’s. Will he be able to prevent us from taking the baby with me if I register the child under his name?

Lemuel,
Writing the father’s name in the birth certificate and making him sign the paternity acknowledgment at the back of the birth certificate may make it difficult for you to migrate abroad with your child. Most immigration authorities now require a court order showing that the mother has sole custody even if our law already grants that right to the illegitimate child’s mom. In the meantime,please take the time to read my article on some factors for choosing the surname of your illegitimate child…here…https://legalcounseling.wordpress.com/2013/05/27/factors-to-consider-when-choosing-surname-of-illegitimate-child/ I hope this helps.

during the conceive of my child the father is not present hence no acknowledgement from father written at birth certificate and plus we are not married. The child uses my surname and blank middle initial for 7 years now. . Now that we got married (to the father of my child) how can we changes/update our child surname to his father. what are the fees and documents needed. Hoping for your help thanks…

Tintin: Just go to the civil registry where the child’s birth certificate was recorded and ask them for application forms and requirements for LEGITIMATION. They will provide you a checklist of documents to bring, which will include the child’s birth certificate and your marriage certificate. Please note that legitimation is possible only when the child was born at the time both parents were legally single. Hope this helps.

Meccy:
If you are the child’s biological father, then it is possible for the mother to sue you in court and demand for child support. The mother may ask the court to order a paternity test and prove that you are the father. If proven to be the child’s father, an order for regular payment of child support may follow.

Hi Attorney, good day! I’m an illegitimate child and I’m already of legal age. My Authenticated BC doesn’t have a Last Name because my father didn’t acknowledge me, however, all of my documents (Diploma, Government IDs, Company ID) does include my Father’s last name. Is there still a chance for me to use my Father’s Surname via AUSF even though my Father doesn’t have any records showing clearly the paternity between him and me? And is it possible to acquire a passport if I have an authenticated BC without a last name? Because the DFA registration form says that Last Name is required. Thank You Attorney and more power.

Jay:
If your father is willing to sign an AUSF now, then you may apply for RA 9255. I suggest that you go to the civil registry where your birth certificate was recorded and show them your records. They may advise that you file an application for RA 9255 or to file an affidavit explaining why the last name was not entered. Please see suggested process in the following link. http://www.census.gov.ph/civilregistration/problems-and-solutions/no-last-name

I suggest that you correct the birth certificate issue first before applying for a passport. Hope this helps.

I have a 1 yr and 3 mo old illegitimate son who bears the middle and surname of his mother. We are civil with the mother and her family. Currently, I’m asking someone to process RA9255, she’s a relative of the mother. Can you please breakdown the list of expenses required to complete the processing? She was asking for Php 3,500 for everything.

Also, I wish to enroll my son as a dependent for my BIR, SSS, and HMO. Do I need an NSO birth certificate with my son using my surname to qualify as my dependent?

Lastly, I switched companies to work for this year, and I didn’t submit my BIR 2316 to my new employer. So, I got tax returns from both companies. I heard that if I change status in BIR and enroll my son as dependent, BIR have records and will ask me to pay my tax deficiency.

Peter: I’ll limit my comments to the family-related questions that you’ve asked and will suggest that you consult a tax lawyer or even a knowledgeable CPA regarding the BIR question you posed.

1st. The illegitimate child’s birth certificate, if not acknowledged at birth by the father, should only have the mother’s last name and no middle name. The cost of applying for RA 9255 may exceed a thousand in total if the fees for obtaining certified true copies of the birth certificate, notary, filing fees are included. I suggest that you contact the civil registry office in the place where the child’s birth certificate is recorded in order to get the exact amounts.
2nd. For purposes of BIR, etc. you will need the child’s NSO birth certificate to add him as a dependent. The birth certificate must show your name as the father. So, you may have to wait for the new birth certificate showing the paternity acknowledgment before you can claim him as dependent.
Hope this helps.

Facts: The Applicant was born on May 16, 1977. He has been using the surname of his father in his elementary and grade school records. He has a copy of the marriage certificate of his parents. But in his Local Civil Registrars Birth Certificate, he only has his First Name and Middle Name, his Last Name is left blank. The parents of the applicant is already dead and the said applicant wishes to uses the surname of his father, what should the applicant do? Thank you Atty.

Razzfaye25,
You may have to file a petition in court in order to change your child’s last name. I suggest that you approach a lawyer and show your documents and narrate all the details behind your child’s birth certificate. This is not a matter that can be corrected administratively, but only through a court order.

Our situation is a bit complicated, but I am hoping that there is a legal remedy/ way for this to be resolved in our favor.

Facts:
-The father, me, is in New Zealand
-The mother is in Philippines
-Our son was born earlier and will be in NICU for some time due to some circumstances, the birth certificate is not yet completed since we are still talking things over and the hospital gave us until the discharge date of our son to fill up the birth certificate.
-We are not married
-We both want our baby to carry my family name. Is it possible? If so what are the forms that I need to fill up.
-The nearest Philippine embassy is 6 hours away, so, if possible, I would like to avoid processes that will require me to go there.

Kevin,
You’ll have to sign the back of the child’s birth certificate which contains the paternity acknowledgment. If executing the Affidavit of Paternity before the nearest Philippine embassy (which as you say is 6 hours away) is not possible for you, then you may just have to let the child bear the mother’s surname in the meantime and apply later for the child to use your surname under RA 9255 after the registration of the birth certificate. Note that for RA 9255 (Affidavit allowing child to use surname of father), the civil registrar may still require your personal presence before granting your application.

My illigitimate child using her father’s surname. And her father, didnt gave any support for my child and he is now married to someone else. If i get marry and my husband and i decided to adopt my child as our legitimate daughter , what procedure i need to do?

Hi! My son was born out of wedlock on may 2009. His father acknowledged him so he is using his father’s surname since then. we got married last jan 2012. Will he be legitimized? Is it automatic? if not, What process do I have to undergo? Thank you..

Kathleen,
Legitimation requires registration in the Civil Registry where the birth certificate of the child was recorded. There is an application form and there are certain documents that you must show to the civil registrar before the legitimation can be annotated on one of the margins of the child’s birth certificate. I suggest that you go to the civil registry where your child’s birth certificate was recorded and ask them to provide you with the forms and list of requirements for Legitimation. Please note that subsequent marriage of the parents of an illegitimate child may not result in legitimation if the child was born at the time when the parents could not have legally married one another even if they wanted to, (for e.g. when the father was still legally married to someone else at the time of the child’s birth). Hope this helps.

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About me

About Me

Atty. Christine Florido is a legal professional who was admitted to the Philippine Bar in 1994. She is a graduate of Ateneo de Manila University (B.S. Legal Management, Honorable Mention & Departmental Awardee for Legal Management Batch 1989) and of Ateneo de Manila- College of Law (Juris Doctor, Second Honors/Silver Medal, Batch 1993)

In 1996, she completed the Program of Instruction for Lawyers at Harvard Law School, U.S.A. and the Private International Law Session at the Academy of International Law at the Hague (Den Haag) in Netherlands.